Law (2010:449) Of Armed Forces Personnel In International Military Operations

Original Language Title: Lag (2010:449) om Försvarsmaktens personal vid internationella militära insatser

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2010:449

The scope of the law



section 1 of this Act shall apply to employees in the armed forces at the

serving in an international military operation. The law should

not, however, apply to the locally employed by

Armed forces in operational area.



With international military intervention under this law

the activities of the armed forces engaged in a priority axis

abroad in order to



1. ward off the risk of an armed conflict,



2. stem the ongoing armed conflict,



3. monitor the cease-fire and peace agreements,

or



4. create conditions for lasting peace and security through

humanitarian work in connection with an armed conflict.



Employment



section 2 of The who will serve in an international military operation

and do not have a position in the armed forces may be employed

especially for service in such an effort.



section 3 pursuant to article 2 of the employment shall be limited in duration and cover

time for both training and service. The employment may

However, only limited in time to the duration of training or

length of service.



Employment may be terminated before the expiry of the term of employment with

a notice period of three months for both employers and

workers. The employer may, however, grant the employee

shorter notice period. If the employee received training

for service without getting the approved grade gets

the employer terminate the employment with a period of notice of

a month.



For those who are hired under to 15-17 of the Act (1982:80)

employment protection does not apply.



section 4 Of the employed in the armed forces and serving in

an international military intervention to the working hours Act

(1982:673) and section 12 of the annual holidays Act (1977:480) shall not apply.



Working environment



§ 5 in the case of the armed forces ' OSH responsibilities in a

international military intervention, the following provisions of the

the work environment Act (1977:1160) is applied in the area of action, if

do not stop this service conditions:



– Chapter 2. 1-8 sections,



– Chapter 3. 1 – 3 and 4 sections, section 7 g of the first and second paragraphs, and

section 12,



– Chapter 6. 1 to 6 sections, 6 a of the first subparagraph, first and second

the sentences and, second subparagraph, and paragraphs 8 and 9.

Law (2015:144).



Particular follow-up responsibilities



section 6 of the military will investigate whether the staff who served in a

international military intervention has a physical or mental

problems as a result of service in the operational area.



The investigation referred to in the first subparagraph shall have the form and the

extent justified by the circumstances during military service

in the area of action. The investigation shall include personal contact,

If this is not clearly unnecessary or not can

implemented.



The armed forces ' responsibilities under the first and second subparagraphs

persists for five years after his service in the

area of action terminated.



section 7 of the defence forces shall assist the investigation under section 6,

individuals with information and guidance. This also applies to

After the time limit referred to in paragraph 6 of the third paragraph.



Support measures



section 8 if anyone suffers physical or mental disorders during

service in the operational area or travelling to or from

such service to the armed forces in consultation with the injured

examine the need for and, if appropriate, provide support to the individual

to help strengthen his ability to



1. recover full working capacity, or



2. make a living through gainful employment.



The armed forces will give the individual the appropriate job training within

the framework for the activities of the defence forces, if possible.



If the appeal is likely to lead to permanent disabilities

or is otherwise of a serious nature, the armed forces support

and assist the individual to his or her ability to

an active and independent life.



section 9 in the case where the complaints referred to in paragraph

give rise to the need for access to appropriate vocational training

or training of the individual, in order to strengthen their

earning capacity, the defence forces provide financial support to

such education or training which is extended as a result of

the discomfort.



The armed forces will also provide financial support to other

measures that promote the individual's return to work

and the acquisition of tools he or she needs.



10 § support under section 8, first subparagraph, and paragraph 9 shall be given only if the

It should not be provided by someone else as a result of

other provisions and to the extent that it is

reasonable taking into account the problems and circumstances of

otherwise.



section 11 in carrying out the tasks referred to in paragraphs 8 and 9

the armed forces should cooperate with other relevant authorities and

organizations.



section 12 of the armed forces ' responsibilities under sections 8 and 9 means no

restriction of the responsibility that the injured employers have

According to Chapter 3. 2 (a) and paragraph 3 of the second paragraph, the Working Environment Act

(1977:1160) and 30 Cape. the social security code.



If another employer has taken support measures should

The armed forces ' support measures in accordance with paragraphs 8 and 9 should be coordinated with

These.



Occupational injury



section 13 For military service in an international military operation

the provisions on work injury insurance in

social security code from the first journey to the

area of action is initiated to the deliverance from

area of action terminated. An injury that occurs during this time

shall be considered as occupational injury, if consideration reasons speak for it.



Damage occurring during vacation or equivalent time off

outside bet area to be covered by work injury insurance

only if there are special reasons for it.



When assessing whether the serving in an international

military operation suffered a work-related injury, the provisions of

43 Cape. 4-6 of the social insurance code shall apply for the period

referred to in the first and second paragraphs, if it is more favourable

for the individual than the application of chapter 39. 3 and 5-7 sections

the social security code.



section 14 for the purposes referred to in section 13 of the provisions on

work injury in the social security code is livränte the surface

at least 7 price base amounts according to Chapter 2. 6 and 7 of the said beam.



section 15 Despite 42 Cape. section 12 of the social code shall

The insurance fund at the request of the individual to consider whether he

or she has a work-related injury in such cases referred to

in this law.



Assistance to relatives



section 16 of the armed forces to provide support in the form of

information to relatives of staff serving in a

international military action. The armed forces must also have a

coherent planning of their work with families in their

a whole.



section 17 If the serving in an international military operation

damaged so that he or she requires hospitalisation or

fatally injured, to the armed forces at the request of the employee's relative

replace it for a reasonable number of trips to the injured or

the killed and living expenses and loss of time for such a trip on

the same basis as applies in respect of the remuneration of public

funds to the witnesses.



In the cases referred to in the first subparagraph, the armed forces after

application provide reasonable contribution to costs for psychosocial support

to relatives who are in need of it if it seems

reasonable in the circumstances.

The armed forces may otherwise give such contributions if there are

special reasons for it.



If a relative's involvement is of particular importance for the

injured rehabilitation, the armed forces, on application, give

the relative fair compensation for costs as such

participation entails.



Appeal



section 18 of the armed forces ' decision under 8, 9 and 17 of may

be appealed to the administrative court.



Leave to appeal is required for an appeal to the administrative court.



The Swedish social insurance agency's decision that involves the application of 13, 14

or section 15 may be amended, be reviewed and appealed against in the order

provided for in Chapter 113 the social security code.



Transitional provisions



2010:449



1. this law shall enter into force on 1 January 2011. By the law

repeals Act (1999:568) if foreign power within

The Swedish armed forces.



2. The old law still applies, mutatis mutandis,

for those serving in the police force abroad.



3. The new Act also apply in the case of former employees

in foreign workforce has been damaged after the end of 1992.

Compensation under section 17, second subparagraph for costs

been incurred otherwise than in connection with a

related lost or damaged so hard that hospitalization

required, are paid only for costs incurred

After the entry into force.