Scope of application
section 1 of this Act applies when an employer is established in a
country other than Sweden Post workers in this country in
When the employer provides the services of
borders.
In addition, paragraph 8 of the provisions for employers who have their
established in Sweden and post workers
to another Member State in the European economic
area (EEA) or Switzerland. Law (2001:65).
section 2 of the Act does not apply to employers in the Merchant Navy
with regard to the crew on board.
Definitions
section 3 With the posting referred to any of the following
transnational actions:
1. when an employer on his own account and under their direction
sending workers to Sweden under a contract that the employer
with it in Sweden active the recipient of
services,
2. when an employer sends employees to Sweden to a
place of work or to an undertaking belonging to the group or
3. when an employer who hires workers or set
Agency sends workers to a
user undertaking established in Sweden or engaged in
activities here.
An employment relationship shall be between the employer and
the worker during the period of posting.
4 section With posted worker "means any worker who
usually work in another country but who, for a limited
time performing work pursuant to section 3 in Sweden.
Terms and conditions of employment
§ 5 an employer shall, irrespective of the law otherwise applicable
of the employment relationship, apply the following provisions
for posted workers:
-2, 2 a, 5, 7, 16-16 b, 17-17 (b), 24, 28-29 (a), sections 31 and 32
the annual holidays Act (1977:480),
-section 2, paragraph 4(1) and 16-22 of the parental leave act
(1995:584),
-2-7 § § lagen (2002:293) on the prohibition of discrimination against
part-time workers and workers with
temporary employment, and
-Chapter 1. paragraphs 4 and 5, Chapter 2. 1-4 and §§ 18 and Chapter 5. 1 and 3
§ § the discrimination Act (2008:567).
At the time of posting also applies
-the work environment Act (1977:1160),
-the working hours Act (1982:673), other than section 12,
Act (2005:395) on working time for certain land transport modes,
not, however, section 16,
Act (2005:426) concerning working hours, etc. for mobile workers in
Civil Aviation, however with the limitation in terms of section 1 of the other
subparagraph to paragraph 12 of the working hours Act does not apply, and
-Act (2008:475) on driving and rest time at international
rail traffic subject to the condition in terms of section 1 of the
the third subparagraph of paragraph 12 of the working hours Act does not apply.
At the time of posting of agency workers are also applied to 2,
9, 10, 13 and 15 of the Act (2012:854) for the hire of
workers. For the purposes of these provisions, which
staffing companies are considered employers who hire out workers
and that client companies are considered user companies.
First-third paragraphs shall not preclude the employer
applies the provisions or conditions which are more favourable to
the worker. Law (2012:857).
5 a of an industrial action against an employer for the purpose of,
collective agreements with a view to the regulation of terms and conditions of
posted workers, except in the cases referred to in paragraph 5 (b),
may be taken only if the conditions required
1. corresponding to the conditions of a central collective agreement
applied across Sweden on equivalent workers in the
sector concerned,
2. only concerning the minimum wage or other minimum conditions on the
areas referred to in section 5, and
3. are more favourable to workers than that which follows from § 5.
Such industrial action may not be taken, if the employer shows
the workers, in terms of pay or on the areas
referred to in paragraph 5, the terms which are essentially equally
favourable as the minimum conditions laid down in such a central location
collective agreements referred to in the first subparagraph. Law (2012:857).
5 b of an industrial action against an employer for the purpose of,
collective agreements with a view to the regulation of terms and conditions of
posted agency workers may be taken only if the
conditions required
1. corresponding to the terms of such a central collective agreement
applied across Sweden on equivalent workers in
the rental business and respecting the overall protection
for workers referred to in the European Parliament and of the Council
Directive 2008/104/EC on agency workers
temporary work agency,
2. only concerns the remuneration or conditions of the areas referred to in paragraph 5,
and
3. are more favourable to workers than that which follows from § 5.
Such industrial action may not be taken, if the employer shows
the workers, in terms of pay or on the areas
referred to in paragraph 5, the terms which are essentially equally
favourable as the terms and conditions of
1. a central collective agreement referred to in the first
subparagraph, or
2. the collective agreement applicable in the user undertaking.
Law (2012:857).
section 6, for the work carried out by a qualified or
specialised workers, the employer shall apply in
the said provisions of the Act only if
the posting goes on for more than eight days and about the work
1. performed in conjunction with an initial Assembly or installation
included in the delivery contract for a product, and
2. is necessary for the goods to be taken into use.
This exception does not apply if the work relating to the construction
where buildings are built, is put in a position, maintained, altered
or demolished.
In the calculation of the posting goes on for more than eight
days, account shall be taken of any other workers in
the past year has been seconded for the same work.
7 § at the time of posting regarding the right of Association and
negotiating the right 7 and §§ 8 and section 10 of the Act (1976:580) if
participation in working life.
When collective agreements are concluded with a Swedish
workers ' associations also applies to paragraph 41 of the same law.
In case of violation of the provisions of the first and second subparagraphs
54 and 55 apply to § § and § 60, first and third law
participation in working life.
Secondments to other countries within the EEA or Switzerland
section 8 When employers established in Sweden
post workers to another country within the EEA or
Switzerland, the employer shall apply the national
provisions whereby that country implemented the European Parliament's
and Council Directive 96/71/EC of 16 december 1996 on
the posting of workers in connection with the provision
of services.
The first subparagraph shall not preclude the employer applies the
terms or conditions more favourable to
the worker. Law (2001:65).
Information
§ 9 the work environment authority supposed to be liaison offices and
provide information about the terms and
conditions of employment which may be applicable to a
posting in Sweden.
The work environment authority supposed to also help with info on
such collective agreement terms that may be required with
support of collective action pursuant to section 5(a) or 5(b) or as otherwise
may be applicable.
The work environment authority shall cooperate with the corresponding
liaison offices in other countries in the European economic area and in Switzerland.
Law (2012:857).
9 a of An employee organization shall submit such
collective agreement terms to the Swedish work environment authority which
your organization may require in support of industrial action
According to paragraph 5 (a) or 5 (b). Law (2012:857).
Bringing an action
Notification and contact person
section 10 an employer shall notify a posting to
The work environment authority recently when a posted worker
starting work in Sweden.
If changes occur in the business in a way that has
importance to the information reported, the employer
notify the changed data to the Swedish work environment authority last
three days after the change occurred.
The first and second subparagraphs shall not apply if the activity in
Sweden referred to last for up to five days. If such a
activity proves to last longer than five days should
the employer shall comply with the notification obligation referred to in the first
subparagraph, the sixth day that business is conducted.
Team (2013:351).
section 11 of the employer shall designate a contact person in Sweden and
report him or her to the Swedish work environment authority. The notification shall
at the latest when a posted worker starts
work in Sweden.
The facilitator shall have jurisdiction of the employer's
Bill to receive notifications. Such jurisdiction shall be deemed to
apply through notification by the contact person.
The contact person should also be able to provide such
documents proving that the requirements of this Act are met.
The first subparagraph shall not apply where the activities referred to in Sweden
last for up to five days. If such activity proves to
last longer than five days, the employer shall carry out
the notification obligation referred to in the first subparagraph the sixth day
that business is conducted. Team (2013:351).
section 12 of the Government may provide for exceptions to the 10
and 11 sections, as well as on what information a notification under section 10 shall
contain.
The Government or the authority, as the Government determines
Announces rules on what a notification under section 11 shall
contain and how the notifications under paragraphs 10 and 11 shall be
designed. Team (2013:351).
Supervision
paragraph 13 of the Working Environment authority supervises the application of the provisions
in paragraphs 10 and 11 and rules given in
connection to these provisions are respected. Team (2013:351).
Penalties and fines
section 14 a fine to be levied if an employer has
infringed if the obligation in section 10
first paragraph, second sentence of the third paragraph section 10, section 11
first paragraph, second sentence of the fourth paragraph of section 11 or
regulations that have been issued in connection with these
provisions.
A penalty will be imposed even if the violation is not
committed with intent, recklessly or negligently.
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 unreasonable to charge
the fine.
The fee to the State. Team (2013:351).
section 15 of the Government may announce further provisions concerning
penalties and fines to be charged under section 14.
Such regulation shall indicate how the fee should
is calculated for different kinds of violations. The amount of the fee shall
be determined directly by reference to the specified
the calculation basis. A fee shall be not less than 1 000 and
a maximum of 100 000 SEK. Team (2013:351).
paragraph 16 of the Working Environment Authority is trying through the charging order
penalty will be levied.
Charging procedure means that it judged to have made themselves
guilty of an infringement of the provisions referred to in
paragraph 14, submitted to approve the fine immediately or
within a certain period of time.
If a charging order has been approved, the
final court judgment declaring fee has been
out. An approval is then made the time set out in the
the injunction has expired, however, is without effect.
Team (2013:351).
section 17, If a charging order under section 16 have not been approved
within the allotted time, the work environment authority may apply to the
administrative law in whose area of jurisdiction the charging order has
issued that the penalty should be imposed.
Leave to appeal is required for an appeal to
the administrative court. Team (2013:351).
section 18 of the penalty may be imposed only if the application has been served
the claim directed to within five years from the date of
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. Provisions on
Recovery Act (1993:891) for the recovery of the State
Receivables, etc.
A determined charge falls away if enforcement is not
within five years from the day the decision became final.
Team (2013:351).
Injunction if corrective
section 19 of the Swedish work environment authority may decide to submit to a
employer to take corrective action if the employer
1. do not report changes to its activities according to section 10 of the other
subparagraph,
2. does not comply with the requirements of the third paragraph of section 11, or
3. makes a false or incomplete notification.
A decision on the injunction under the first paragraph may be subject
with a penalty. The work environment authority may decide that such a
injunction to take effect immediately. Team (2013:351).
section 20 of the Swedish work environment authority's decision on the injunction that has
together with the penalty may be appealed to the General
Administrative Court.
Leave to appeal is required for an appeal to
the administrative court. Team (2013:351).
section 21 proceedings relating to the application of paragraph 5 of the first or third paragraph
and section 7 are dealt with under the Act (1974:371) about the trial in
labour disputes. In those cases applied
-section 33 Act (1977:480) if the Statute of limitations,
-the second subparagraph of section 23 of the parental leave Act (1995:584) if
the trial,
-Article 9 of the Act (2002:293) on the prohibition of discrimination against
part-time workers and workers with
temporary employment if the Statute of limitations, etc., and
-Chapter 6. 2-5, 8, 10 and 11 of the non-discrimination Act (2008:567)
on the burden of proof, the right to bring an action and the limitation period, etc.
At the time of posting of agency workers are also applied to paragraph 16 of the
the third and fourth paragraphs (2012:854) for the hire of
workers.
The action may be brought in the District Court of the place where the employee is
or was posted. Team (2013:351).
Transitional provisions
2008:477
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.
