Act (2005:395) If The Working Time In Certain Road Transport Work

Original Language Title: Lag (2005:395) om arbetstid vid visst vägtransportarbete

Read the untranslated law here: https://www.global-regulation.com/law/sweden/2988815/lag-%25282005%253a395%2529-om-arbetstid-vid-visst-vgtransportarbete.html

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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.

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