The law's content and scope
section 1 of this Act contains provisions on daily rest, weekly rest periods,
break, run time, and the roster of workers included
the train crew assigned to interoperable cross-border services.
The law applies only if the working time is placed so that the
the employee shall serve on the services referred to in the first
subparagraph during more than an hour of the working day.
Except as provided in this law applies
the working hours Act (1982:673).
Definitions
2 for the purposes of this Act, section
interoperable cross-border services: cross-border
traffic for which a railway undertaking must have a
a safety certificate or a special permit pursuant to Chapter 3.
Railway Act (2004:519) and a safety certificate according to
the law of another country in the European economic
area (EEA), but not traffic in connection with
maintenance of railway infrastructure,
train crews: any worker on board with duties of
safety significance,
drivers: any worker whose job it is to drive
a railway vehicle,
rail vehicles: locomotives and other rolling stock that can
running on a railway track.
Except for certain border traffic
section 3 of the Act does not apply to local and regional passenger transport over
the border between Sweden and another country. The law does not apply
either freight transport which does not exceed the limit between
Sweden and another country with more than 15 kilometers.
Derogations by collective agreements
4 § Through collective agreements which have been concluded or approved by a
the central workers ' organization, it must be determined
1. a shorter daily rest in the cases referred to in section 8, other
subparagraph,
2. that a larger proportion of the working days will be required for 12
and 13 sections must be applied than that specified in the rules;
as well as the
3. other than as referred to in paragraph 19.
Through collective agreements which have been concluded or approved by a
Central or local workers ' associations shall, notwithstanding
stated in paragraph 9, determined that two daily rest periods
outside the home should be followed by a daily rest at home.
An employer bound by a collective agreement referred to in
first or second subparagraph may apply the agreement even on
workers who are not members of the Contracting
workers ' organization but who are employed in the work as
referred to in the agreement.
paragraph 5 of the derogations pursuant to section 4 may only be made under the condition
that they do not result in less favourable conditions should
apply for workers than that resulting from Council directive
2005/47/EC of 18 July 2005 on the agreement between the European
Community railways (CER) and the European
transport workers ' Federation (ETF) on certain aspects of
the working conditions of mobile workers engaged in
interoperable cross-border services in the
the railway sector.
A contract is invalid in so far as it means that less
favourable conditions for workers than that
under the directive.
Daily rest
6 § subject to 7-9 sections, each worker must be provided with
the right to a minimum of 12 consecutive hours in the home
during each period of 24 hours (daily rest at home).
section 7 Of the daily rest period cannot be taken in the home, each
workers have the right to at least eight consecutive hours
leave during any period of 24 hours (daily rest periods outside
the dwelling).
section 8 of the daily rest period in the dwelling may be reduced to not less than nine hours in
as a result once in every period of seven days during
provided that the amount of time that represents the difference between the
reduced daily rest and 12 hours is added to the next daily rest
in the home.
A daily rest at home between two daily rest periods outside
the apartment, however, must not be less than 10 consecutive hours.
§ 9 A daily rest away from home should be followed by a daily rest period in
the dwelling.
The Government may announce further provisions on daily rest
outside the home.
section 10 On daily rest away from home, a comfortable accommodation
pursued.
Weekly rest
section 11 of every worker to have at least 24 consecutive hours
leave during each period of seven days (weekly rest) in addition to the
daily rest period that the worker shall be in accordance with section 6.
section 12 of each worker, who, during a reference period of a
year meets the requirements in paragraph 1, second subparagraph, a majority proportion of
working days, shall be at least 104 weekly rest periods each
year. These shall include 24 double periods with weekly rest of which
at least twelve must include Saturday and Sunday.
section 13 a worker whose employment is terminated before the
years and that a majority of the working days meets the requirements
in paragraph 1, second subparagraph, shall be entitled to the number of periods
weekly rest periods according to § 12 corresponding to the fraction of the year
the period of employment.
Raster
section 14 of The drivers shall have the break of at least 30 minutes if the working time
is between six and eight hours. If the driver's working time exceeds
eight hours, the break shall be at least 45 minutes. Any part
by the break, so far as circumstances permit laid out
between the third and sixth working hour.
section 15 Other workers should have a break of at least 30 minutes of
working time exceeds six hours.
section 16 of Their number, length and organisation of working time shall be
satisfactory with regard to the working conditions in order to
the worker should be able to recover.
section 17 If delays occur, the breaks be adapted during the
the working day.
Driving time
section 18 of the Running time of a driver between two daily rest periods
shall be limited to a maximum of nine hours or eight hours at
night work. Driving time over a two week period shall be limited to
a maximum of 80 hours.
19 § With driving time in section 18 provided the scheduled time during which
the driver is responsible for the performance of a rail vehicle. In
running time excludes the time taken for the supervision of
railway vehicle before and after running. In the run time includes
scheduled interruptions when the driver still has responsibility for
the railway vehicle.
With night work is any work period of at least three hours during the
the period that starts at 10 am. 23:00 and ends at 23. 06.00.
Duty roster
section 20 of an employer shall maintain a roster showing
workers ' actual working hours, daily rest, weekly rest and
breaks and the scheduled run time, as defined in section 19.
The duty roster shall be kept by the employer for at least one
years after the time period that the work covers. The employer must
at the request of an employee, leave them a copy of the part
of the duty roster for the worker. Even
unions representing workers at
the site has the right to request such a copy.
Supervision
section 21 of the Government determines the authority exercising supervision
According to this law.
section 22 of The authority exercising supervision has the right to a
the employer, on request, the information and documents
needed for the oversight.
section 23 of The authority exercising supervision has the right to have access
to establishments in order to be able to exercise supervision.
section 24 of the law enforcement agency shall provide the necessary assistance to
the regulatory authority should be able to get both information and
documents under section 22 and, on the other hand, access to work sites
According to section 23. Request for such assistance, however, may only be made
If
1. the particular circumstances give reason to suspect
This operation cannot be performed without a police man's special
powers under section 10 of the law on police (1984:387)
used, or
2. There are serious reasons.
Law (2014:744).
section 25 of the regulatory authority may inform the injunctive relief or
ban needed to this Act and the regulations that have
issued by virtue of the law shall be followed.
A decision on the injunction or prohibition may be subject to a penalty.
Such an injunction or prohibition may be directed also against
the State as an employer. Team (2013:614).
Penalty provisions, etc.
section 26 to a fine or imprisonment not exceeding one year are judged on
employers who willfully or negligently violates
an injunction or prohibition issued pursuant
section 25. However, this does not apply if the injunction or prohibition
have come together with a penalty.
section 27 to fine convicted the employers who willfully or
of negligence
1. place the work so that the grid cannot be under 14 and
15 sections, unless section 17 applicable, or
2. provide incorrect information of importance, when
the supervisory authority has requested information or documents
According to section 22.
An act covered by an injunction or prohibition
According to section 25 shall not result in criminal liability under the first
paragraph. Team (2013:614).
27 a of If an employer has committed the 6, 7, 8, 9, 11, 12,
13 or section 18 or rules made by virtue of section 9
second paragraph, without having the support of the collective agreement under paragraph 4,
will a penalty be imposed. The fee to be charged even if the
infringement not occurred intentionally or negligently.
The fee is for each hour the unauthorized work time and for
each worker who has been involved in the battle against 6, 7, 8, 9,
11, 12, 13 or section 18 or regulations issued by
under section 9 of the second paragraph of 1% of the price base amount
According to Chapter 2. 6 and 7 of the social code in force
at the time the infringement took place.
The fee to the State. Team (2013:614).
27 (b) § Any penalty shall not be imposed for an offence
covered by an injunction or prohibition under section 25.
Team (2013:614).
27 c § fine to be levied by the physical or
legal person who ran the operations where the infringement
took place.
The fee may be reduced in whole or in part if the infringement is
call or excusable, or if it otherwise with regard to
the circumstances would be unfair to charge the fee.
Team (2013:614).
27 d section Supervisor hears through the charging order
questions about fines.
Charging procedure means that it deemed to be responsible
under section 27 c for an infringement before accepting
the charge immediately or within a specified time.
Once the order has been approved, the Court
final decision on the fee to be charged. A
approval is made after the time specified in the
the injunction has expired, however, is without effect. If
charging order has not been accepted within the allotted time, may
supervisory authority shall apply to the administrative law within the
jurisdiction the fee order has been issued, if the fee
should be taken out.
Leave to appeal is required for an appeal to the Administrative Court of
Team (2013:614).
27 e § A penalty may be imposed only if the application has
communicated to the defined order directed to within five years
from the time when the infringement took place.
A decision to levy to be charged shall forthwith be sent to the
the County Administrative Board. Fee must be paid within two months from the
that decision became final. An indication of this should be taken
into the decision.
If the fee is not paid within the time limit referred to in the second
subparagraph, the late payment fee pursuant to lagen (1997:484)
If late-payment fee. The unpaid fee and
late payment fee must be submitted for collection in accordance with the law
(1993:891) for the recovery of State assets, etc.
An agreed fee lapses of execution has not been
within five years from the day the decision became final.
Team (2013:614).
section 28 an employer applying such provisions in a
collective agreements contrary to paragraph 5 shall pay damages for
the loss incurred and for the violations that have occurred.
If it is appropriate, the compensation may be reduced in whole or
partially.
section 29 For an employer who fails to fulfil his obligations
According to the collective agreement referred to in paragraph 4, applies the specified if
sanction of the agreement or the Act (1976:580) if participation in
working life.
Appeal, etc.
section 30 of the regulator's decision on injunctions and prohibitions
under section 25 may be appealed to the administrative court.
Leave to appeal is required for an appeal to the administrative court.
section 31 of the regulatory authority may order that its decision should be valid
immediately.
32 § Government or authority the Government determines
may provide for fees for supervision under this
law and according to the instructions given with the support of
the law. Law (2010:1576).
Transitional provisions
2008:475
This law shall enter into force on 14 december 2008. Older
rules still apply for related conditions
to the period before the entry into force.
2013:614
1. this law shall enter into force on 1 July 2014.
2. Older regulations still apply to infringements
that have occurred prior to the entry into force.
