Team (2013:644) On The Right To Salary And Other Remuneration For Work Carried Out By A Foreigner Who Is Not Entitled To Reside In Sweden

Original Language Title: Lag (2013:644) om rätt till lön och annan ersättning för arbete utfört av en utlänning som inte har rätt att vistas i Sverige

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2013:644

Introductory provisions



section 1 of this Act apply to an employer who does not have

taken such control measures referred to in Chapter 20. 12 §

the second paragraph of the Act on foreigners (2005:716) is an alien

employed in Sweden who do not have the right to reside here. The law

also applies when such foreigner temporarily performing work

in another country.



The law does not apply to nationals of an EEA State or in

Switzerland, nor on their family members, if these

have the right to free movement in accordance with the rules in force in

The European Union.



section 2 of The terms in comparison with this law is to

the disadvantage of the alien is without effect against him or

her.



section 3 of this Act, the term client that engages a

or more subcontractors to carry out a head-

or a subcontracting agreement.



With clients in previous stages covered by this law a

clients who do not have a direct contractual relationship with the

the subcontractor who is the employer of the alien.



The law does not apply to anyone who is ordering a party to a

the main construction contract.



Salary and other compensation



section 4 of A foreigner who has done work in such

conditions referred to in paragraph 1 have the right to pay

and other remuneration from his employer.



5 § At dispute between an employer and an alien on wages

or other remuneration for work performed shall, unless someone

of them showing different,



1. the salary or compensation be considered equivalent to the minimum wage and

compensation resulting from collective agreements or practices in

profession or industry, and



2. the alien shall be deemed to have performed three months of full-time work.



Costs to send wages and other compensation



section 6 if there are costs to send such salary and

other compensation referred to in section 4 to a foreigner to

employer to pay these.



Customer's responsibility



section 7 If an employer hired as subcontractors for

the implementation of a construction contract can not replace a

alien under 4 to 6 sections, responsible employer

clients and clients in the upstream in solidarity

with each other for the salary and other compensation as well as the

any costs incurred in sending the salary and compensation

to the foreigner that the employer would have paid under

4-6 sections.



A client who has taken reasonable control measures

and that does not recognize or have reasonable grounds to believe that

the employer has one or more foreigners employed as

missing the right to reside in Sweden, is not liable under

the first paragraph.



A client of the upstream is responsible pursuant to the first

subparagraph only if the customer realizes or has reasonable

reason to believe that the employer has one or more

foreigners employees who lacked the right to reside here and that

worked in during the work.



§ 8 the employer shall reimburse the person who has paid remuneration or

other compensation under the first subparagraph. The corresponding

obligation also applies for such clients as is

responsible according to § 7 in relation to clients in

upstream.



Rules of procedure



section 9 Goals on the application of this Act shall, in so far as the dispute

refers to the relationship between an employer and a foreigner,

be dealt with in accordance with the Act (1974:371) on trial in

labour disputes.