Scope of application
section 1 of this Act shall apply to the work being done by mobile
workers employed by undertakings established in a
Member State and by self-employed drivers during
condition that the worker or self-employed person engaged in
road transport, at which the following shall apply:
-European Parliament and Council Regulation (EC) No 561/2006 of the
on 15 March 2006 on the harmonisation of certain social legislation
to road transport and amending Council regulations
(EEC) No 3821/85 and (EC) No 2135/98 and repealing
Council Regulation (EEC) No 3820/85, or
-European Agreement on working conditions for
vehicle crews in international road transport
(AETR).
In the case of drivers contains provisions on driving times and if
breaks and rest periods in the European Parliament and of the Council
Regulation (EC) No 561/2006 or AETR.
In the working hours Act (1982:673) contains provisions on working time
at work that is not covered by this law. If the worker
both of the same employer performing work covered by this
law and the work covered by the working hours Act, shall
working time shall be added together for the purposes of this Act.
Law (2012:229).
1 a of the mobile workers covered by this law, each
workers included in the part of the workforce
moving and who is employed by a company that performs
passengers or goods transport for hire or private
Bill. Law (2012:229).
1 (b) § With self-employed drivers envisaged in this law, a
person whose main professional activity is to perform
person or goods transport on the road to compensation, in
accordance with such a Community authorisation provided for in
Regulation (EC) no 1072/2009 or regulation (EC) no
1073/2009 or a commercial authorisation under
commercial law (2012:210), and
(a)) that has the right to work on their own behalf and do not perform
work for an employer,
b) is free to organize the operations in question;
c) whose income is directly dependent on the earnings that
is made, and
d) is free to, independently or in cooperation between
the self-employed, have business relations with several customers.
For the driver who does not fulfil all these criteria shall
the same obligations and rights as mobile
workers under this law.
With work time "means, in the case of self-employed workers, not time
used for general administrative work that is not directly
linked to the specific transport operation under way. Law (2012:229).
Derogations by collective agreements
2 § Through collective agreements which have been concluded or approved by a
the central workers ' organization may be waived
the provisions of §§ 5-9, section 12, second subparagraph, and paragraphs 15 and 16.
Through such a collective agreement may also
1. the period for calculating the maximum allowable
total working time may be extended pursuant to paragraph 12
to a maximum of six months,
2. another period of night than that set out in section 14 shall be determined,
but not before 23:00. 0.00 or after 18:00. 7.00.
Through such a collective agreement referred to in the first subparagraph may
It also determined the extent to which periods of waiting
shall be counted as working time. Periods of waiting means that
the employee may freely dispose of his time and must
be at his work place ready to perform the work,
in accordance with the provisions of the third subparagraph of paragraph 12, section 15, second subparagraph
and the third paragraph of section 18.
Derogation from paragraph 8 of the second and third paragraphs may be made even with the
support of collective agreements which have been concluded by a local
workers ' organization. Such exceptions, however, in
a maximum of one month, counting from the day on which the agreement was concluded.
section 3, an employer who is bound by a collective agreement referred to in
section 2 of the agreement shall apply also to workers who are not
members of the contracting trade union organisation but
employed in such work as referred to in the agreement.
section 4 of The collective agreement is invalid in so far as it means that
less favourable rules for workers than
as provided for by this law.
Regular working hours, overtime and extra time
Regular working hours
paragraph 5 of the regular working hours may not exceed 40 hours in
week.
When necessary, having regard to the nature of the work or
working conditions in General, working hours amount to 40
hours a week on average over a period not exceeding four weeks.
Week counted from Monday, unless another calculation
applied on site.
Overtime
section 6, With overtime means work hours in excess of the ordinary
working time according to § 5. If other regular working hours applicable at
because of the collective agreement referred to in paragraph 2 of the first subparagraph, or
because of the consent exception of Transport Board under the
section 21, with overtime, instead referred to working time in the
full-time work exceeding normal working hours under the contract
or the consent.
For the purposes of calculating overtime, leave will be located to
the employee's regular working hours equated to completion
regular working hours. Law (2010:1570).
section 7 If there is a particular need for increased working hours,
overtime will be charged with a maximum of 200 hours in a calendar year
(overtime).
section 8 Has a natural or accidental, or any other similar
evidence has not been anticipated by the employer
caused the interruption or resulted in imminent danger
for such interruption or damage to the life, health or property,
get overtime for work to the extent that
conditions require (emergency overtime).
If the site is a local Trade Union
within the agreement area work fall, get emergency overtime is taken
out only on the condition that the employer as soon as possible
inform the organization about the overtime work.
Emergency overtime must not be charged for longer than two days
from the start of work without permission to work applications
with the Swedish Transport Agency. Law (2010:1570).
Additional hours
section 9 With additional hours of course work at such time
part-time employment exceeds the employee's ordinary
working time according to the contract. The provision concerning the calculation
of overtime in the second subparagraph of paragraph 6 shall also apply in the
calculation of additional time.
When there is a particular need for increased working hours, extra time will be
out with a maximum of 200 hours in a calendar year (additional hours).
Additional hours may also be charged with the application of the conditions for
emergency overtime as specified in section 8.
Limitation of the total working time
section 10 Of total work time "means the sum of the hours during
What a worker has done that this law is
applies regardless of whether the work has been done for one or
several employers. The same applies to self-employed persons, regardless
If the work performed for one or more customers.
If a person carried out the road work as well
workers who are self-employed is the sum of the working hours
the total working time. Law (2012:229).
section 11 of the employer of the employee request in writing
details of the work that he has carried out for another
employer's behalf. The worker must provide
the employer such information in writing.
section 12 of a worker's total working time may amount to
a maximum of 48 hours per week averaged over a
reference period not exceeding four months. The same shall apply for
the self-employed.
The total working time may, however, not during any week
exceed 60 hours, with the exception of the cases referred to in
Article 8 (a) of the European Parliament and Council Regulation (EC)
No 561/2006 and article 8 (b) of the AETR.
For the purpose of calculating the total working time, the
be added such periods of waiting when the employee or
the self-employed person does not freely dispose of his time without
must be at their working place ready to perform
work. Such time as the employee or self-employed person
would have worked but instead was absent due to
annual leave or ailment to be equated with a completed
working time. Law (2012:229).
paragraph 13 of the week for the purposes of section 12 of the period
starts Monday at. 0.00 and ends Sunday. 24.00.
Night work
section 14 With night work means work in any part of the period
starting at 19:00. 1.00 and ends at. 5.00.
section 15 If it is night work in a 24-hour period that
begin after such completion rest referred to in article 8 or
9 in European Parliament and Council Regulation (EC) No 561/2006,
Article 8 of the AETR or 13 or 14 of the working hours Act
(1982:673), working time during that period do not exceed
ten hours.
For the purposes of the provisions of the first paragraph, in
working time included such periods of waiting when
the worker or self-employed person does not freely dispose
over his time but must be at their working place
prepared to perform the work.
Exceptions to the limitation of working time at night work in
the first subparagraph may be waived temporarily, if it is due to the
any special relationship that had not been foreseen by
the employer or self-employed person. Law (2012:229).
Information on the organisation of working time
section 16 of an employer who hires workers to work other
than an occasional basis shall inform employees about changes in
the regular working time at least two weeks in
advance. Such information may, however, be given less time in advance,
If the nature of the activities or events that could not have been
foreseeable raises it.
Rest periods for apprentices and trainees
section 17 Of the apprentices and trainees that are mobile
workers under 1 a of the case of the rest periods referred to in
Article 8 and 9 of the European Parliament and Council regulation
(EC) No 561/2006. If the provisions of the Working Environment Act
(1977:1160) or the working hours Act (1982:673) or
the provisions adopted on the basis of any of these laws provide
one of the individual more favourable protection shall, however, these
rules are applied. Law (2012:229).
Breaks and rest periods
section 18 of the Work should never be performed for longer than six hours in
followed without a break. The break should be at least 30 minutes, if
working hours include between six and nine hours. If the working time
more than nine hours, the break shall be at least 45 minutes.
The break may be split in several periods of at least 15 minutes
each.
Breaks during driving time referred to in the European Parliament and
Council Regulation (EC) No 561/2006 or the AETR to be placed in
accordance with regulation or agreement and be counted
that break even under this Act.
Break taken during periods of waiting, when the employee or
the self-employed person does not freely dispose of his time without
must be at their working place ready to perform
work, also count as working time. Law (2012:229).
section 19 of the employer shall arrange the work so that workers can
take the breaks that are needed in addition to the breaks.
Where working conditions require it, instead special
work breaks are laid out. The employer shall in that case
Enter the length of the prior pausernas and laying as closely as
circumstances permit.
Breaks are included in working time.
Recording of working time
section 20 of employers and self-employed persons to register all
working time covered by this law. Such records shall be retained in
the employer or self-employed person for at least two years after the
period of work.
The employer shall, at the request of the worker leave them a
copy of the registered working time. Even Trade Union
organisations representing workers in the work place
have the right to request such a copy. Law (2012:229).
Dispensation
section 21 of the collective agreement referred to in section 2 are not touched or if
in the case of a self-employed person, the Swedish Transport Agency
allow such a derogation (exemption) referred to in that provision,
provided that there are special reasons.
The Government or the authority that the Government may
provide for derogations referred to in paragraph 2 of
question about total working time and night work of
the self-employed.
Additional overtime or extra time, in addition to the General overtime
respective General additional hours, may be granted to a maximum of 150 hours
in a calendar year. Law (2012:229).
Supervision
section 22 of the Transportation Board shall ensure compliance with the law and have
the right to obtain from the employer and self-employed person, on request, the
information and documents needed for supervision.
In order to be able to exercise supervision, the Board has the right to Transport
get access to workstations. Law (2012:229).
section 23 of the law enforcement agency shall provide the necessary assistance to
The Swedish Transport Agency to exercise its oversight. Request for
such help, however, may only be made if
1. the particular circumstances give reason to suspect that
the operation cannot be carried out 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 (2014:739).
section 24 of the Transport Board may advise the instructions or
ban needed to this law shall be followed. Injunctive relief
and prohibitions may be subject to a penalty. Law (2010:1570).
Penalty provisions, etc.
section 25 to a fine or imprisonment not exceeding one year are judged on
employer or self-employed person who willfully or
negligence in breach of an order or a prohibition
has been issued under section 24. However, this does not apply if
the injunction or prohibition has gone with a penalty.
Law (2012:229).
section 26 to fine convicted the employers who willfully or
negligence
1. place the work so that
(a)) the worker's working time exceeded what is allowed
in accordance with the provisions of this law,
b) grid could not be prescribed in section 18
the first subparagraph,
2. do not comply with their obligations under section 16, without
exemptions have been made under section 2 or 21, or their
obligations under section 20, or
3. provide incorrect information of importance, when
The Swedish Transport Agency has requested information or documents
under section 22 of the first paragraph. Law (2010:1570).
26 a of the fined person who is self-employed and who
intentionally or negligently:
1. place the work so that
a) working hours exceeded what is allowed under the
the provisions of this law,
b) grid could not be prescribed in section 18
the first subparagraph,
2. do not comply with their obligations under section 20 of the first
subparagraph, or
3. provide incorrect information of importance, when
The Swedish Transport Agency has requested information or documents
under section 22 of the first paragraph. Law (2012:229).
section 27 For an employer who fails to fulfil his obligations
According to the collective agreement referred to in paragraph 2, the terms of which are given on the
sanction of the agreement or the Act (1976:580) if participation in
working life.
Overtime charges
section 28 If an employer has violated the provisions of 7
or section 8 without the support of the collective agreement under paragraph 2 of
or have received an exemption under section 21, is based on a special
fee (overtime fee). The fee is imposed by the physical
or legal person engaged in the activities in which
infringement has been committed.
Overtime hourly fee for unauthorized overtime
and for every worker hired in violation of 7
or section 8, a percentage of the price base amount in accordance with Chapter 2. 6
and 7 of the social code in force at the
time at which the infringement was committed.
The fee may be reduced or remitted if special
circumstances exist. Law (2010:1293).
section 29 questions about overtime fee are heard by general courts after
application to be made by the public prosecutor within two years from the
time at which the infringement was committed. In the case of such an application
the provisions of the code of judicial procedure concerning the prosecution of criminal offences, for
which cannot follow more difficult punishment than fines, and
the provisions on seizure in criminal cases. Since five years has
elapsed from the time when the infringement was committed, the
overtime fee not be paid. Overtime fees to the State.
A decision by which someone has imposed an overtime fee
shall forthwith be sent to the provincial government. Fee shall be payable
to the County Board within two months of the decision won
the force of law. An indication of this shall be mentioned in the decision. If
fee is not paid within this time, the late payment fee
out pursuant to lagen (1997:484) If late payment fee. The unpaid
overtime fee and penalty fee must be submitted for
recovery. The Government may require that the recovery is not
need to be requested for a lowly amount. Provisions on
Recovery Act (1993:891) for the recovery of the State
Receivables etc. Recovery measures may not be taken for five
years have elapsed from the day the decision became final.
Appeal, etc.
section 30 of the Transportation Board's decision under this Act may be appealed
in general administrative court.
Leave to appeal is required for an appeal to the administrative court.
Law (2010:1570).
section 31 to take advantage of workers ' interest in a case
under this law, the decision referred to in section 30 of the appeal by
the main safety representative or, if no such representative is not, by
other safety representatives. There is no safety officer, a
employee organization may appeal such decision to the extent that
matters relating to members ' interests, and the Organization has previously
delivered an opinion in the matter.
32 § Transport Board may order that its decision should be valid
immediately. Law (2010:1570).
33 § Government or authority the Government determines
may provide for fees for supervision and
case management under this law and in accordance with the provisions
has been issued with the support of the law. Law (2010:1570).
Transitional provisions
2008:299
1. this law shall enter into force on 1 July 2008.
2. For decisions issued by the work environment authority before 1
July 2008 regarding section 30 of its older version.
2010:1570
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.
