The law's content
section 1 of this Act contains provisions on working time and on
days off on posting of workers in
civil aviation.
In other respects, the provisions of the working hours Act (1982:673)
such personnel.
Definitions
2 for the purposes of this Act, section
flight crews in civil aviation: crew members on
because of hiring serving on board a civil aircraft,
blocktid: the time between an aircraft leaves his
parking space to lift until it is standing still on the
designated parking space and all engines are stopped,
standby: time during which a crew member is
required to keep himself ready on short notice to appear on
location for airport service,
Home Base: the place where the crew member usually
starts and ends a duty period or a series of
duty periods and where the employer under normal
conditions is not responsible for the accommodation of
the crew member,
free day: a period of twenty-four hours from 00.00 hours
to midnight on posting without duty or
roadside assistance service,
Aviation working time directive: Council Directive 2000/79/EC of 27
November 2000 on the implementation of the European Agreement concerning the
the organisation of working time of mobile workers in civil aviation
concluded between the Association of European Airlines (AEA),
The European transport workers ' Federation (ETF), the European Cockpit
Association (ECA), The European Regions Airline Association (ERA)
and the International Air Carrier Association (IACA).
Variances by agreement
section 3 Through collective agreements which have been concluded or approved by a
the central workers ' organization, derogations may be made from 4 and
5 §§. An employer who is bound by such collective agreement
may apply the agreement even on a worker who is not a Member
of the contracting trade union organization, in
condition that the worker employed in work referred to
with the contract and not subject to the other applicable
collective agreements.
Deviations as referred to in the first subparagraph may only be made during
If they do not result in less favourable
conditions applicable to workers than that resulting from the
Aviation working time directive. A contract is invalid in the
extent it means that less favourable terms shall
apply for workers than that resulting from the directive.
Limitation of annual working time
section 4 of The total working time, including some emergency service
shall be limited to a maximum of 2000 hours in one year. By this time
receive a maximum of 900 hours consist of blocktid. Annual working time
including emergency service shall as far as possible
spread evenly over the year in which the annual working time is calculated.
The Government or the authority the Government may announce
the procedure for emergency service shall be taken into account in the
the calculation of annual working time.
Leave at home base
§ 5 a crew member has the right to home base
at least seven days off per calendar month and at least 96 available
days per calendar year. These days, by the employer
be notified in advance and may include the rest periods as follows
by law or agreement.
First subparagraph shall not affect the right to paid annual leave
holiday under the Holidays Act (1977:480) or agreements.
Supervision
section 6 of the Transport Agency to ensure that this Act is complied with and
have the right to request the information and documents
needed for the oversight.
In order to exercise supervision, Transport Board right to come
into working areas. The police authority should then leave the
assistance needed. Law (2014:740).
section 7 of the Transport Board may advise the instructions or
ban needed to this law shall be followed. A decision on the
injunction or prohibition may be subject to a penalty. Such a
injunction or prohibition may be directed also against the State that
employer. Team (2013:613).
Appeal
section 8 Transport Board's decision under section 7 may be appealed to the
General administrative courts.
Leave to appeal is required for an appeal to the administrative court.
Transportation Board may order that its decision should be valid
immediately. Law (2010:1571).
Penalties, etc.
section 9 To fine or imprisonment not exceeding one year are judged on
employers who willfully or negligently violates a
injunction or prohibition issued pursuant
7 §. However, this does not apply if the injunction or prohibition has
together with liquidated damages.
section 10 If an employer has violated section 4 without having the support of the
collective agreements under paragraph 3, a fine is levied.
The fee to be charged even if the infringement has not been made
intentionally or negligently.
The fee is for each hour the unauthorized work time and for
every worker hired in violation of section 4, a
% of the price base amount in accordance with Chapter 2. 6 and 7 § §
the social security code in force at the time when
the infringement took place.
The fee to the State. Team (2013:613).
10 a of Any penalty shall not be imposed for an offence
covered by an injunction or prohibition under section 7.
Team (2013:613).
10 b of the 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 (2013:613).
10 c § Transport Agency is trying through the charging order
questions about fines.
Charging procedure means that it deemed to be responsible
According to section 10 (b) for a violation submitted to approve
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
The Swedish Transport Agency 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. Team (2013:613).
10 d § 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. The fee to be paid to the County Board within
two months from the day the decision became final. A
information about this should be mentioned in 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 (2013:613).
section 11 of an employer that applies the provisions of a
collective agreements contrary to paragraph 3 of the second paragraph shall pay
damages for the loss incurred and for the violation
that has been done.
If it is appropriate, reparation can be reduced or completely fall
away.
section 12 For an employer who fails to fulfil his obligations
According to the collective agreement referred to in paragraph 3, the
provided in the contract or in the Act (1976:580) if participation
in the world of work.
paragraph 13 of the Government or the authority, as the Government determines
may provide for fees for supervision under this
team. Law (2010:1571).
Transitional provisions
2008:300
1. this law shall enter into force on 1 July 2008.
2. For decisions issued by the work environment authority before 1
July 2008 the clause 8 of its older version.
2010:1571
This law shall enter into force on 1 January 2011. For the purposes of
7 a of the administrative judicial procedure Act (1971:291) shall
Transport Board be individual counterparty.
2013:613
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.
