Scope of application
section 1 of this Act applies, with the restrictions referred to in paragraph 2, each
activities where workers perform work for an employer's
Bill.
General protective provisions relevant to the organisation of
working time can be found in Chapter 2. section 1 of the Swedish work environment Act (1977:1160). Special
rules on working time for minors, see Chapter 5. the Act.
Law (1996:360).
section 2 of the Act does not apply
1. the work carried out under such conditions that it not
may be deemed to be the employer's duty to watch over how
the work is arranged,
2. work performed by workers with regard to
duties and terms of employment have a managerial
or another equivalent position or of workers
in view of their tasks, have the confidence to
the actual organising their working time,
3. the work performed in the employer's household,
4. the work, or
5. the work covered by the Act (2005:395) if the working time in the
certain land transport modes.
The Government or the authority that the Government may
lay down that the law applicable in the case of ships work
exempted from the application of the provisions on
idle time in the law (1998:958) on rest time for sailors.
(B) the provisions of § 10, section 13, first paragraph, section 13 and section 14
the second sentence of the third paragraph does not apply where the law
(2005:426) concerning working hours, etc. for mobile workers in
Civil Aviation is applicable. They do not apply within
public activity for work that is especially for
operations and which is such that the conflict cannot
avoided by European Parliament and Council directive
2003/88/EC of 4 november 2003 on the organisation of working time
in some respects. Such work may affect among
other armed forces, the Police and the security police
or for physical protection and emergency work.
The law on working hours, etc. for mobile workers in civil aviation
provides for annual working time and for leave to
home base for such workers.
The provisions of section 13, first paragraph, section 14 and section 15 of the third
subparagraph shall not apply where the law (2008:475) on driving and rest time
in international rail traffic.
Law (2014:660).
section 3 Through collective agreements which have been concluded or approved by a
the central workers ' organization may be made for derogations from the law
in its entirety or derogations from paragraphs 5 and 6, section 7 of the other
subparagraph (b), sections 8 to 10, 12 to 14 and § § § 15 second and third
paragraphs. In addition, raster exchanged for meal break through
such collective agreements. Derogations from paragraph 10 (b) shall not, however,
mean a longer reference period than twelve months.
Deviations from the 8 and 8 (a) of the second paragraph, section 9, 10 and 10A
sections and paragraph 13 of the second subparagraph may be made even with the support of
collective agreements which have been concluded by a local
workers ' organization. Such deviations, however, during
a maximum period of one month, counting from the date of entry
conclusion.
An employer bound by a collective agreement
referred to in the first or second subparagraph may apply the agreement also
to workers who are not members of the Contracting
workers ' organization if they are employed in work referred to
with the agreement.
Exemptions from the act as a whole, and deviations from section 10 (b),
section 13, first paragraph, section 13, section 14 and section 15, second and third
subparagraphs as well as exchanges of breaks for meal break under this
This paragraph may be made only where this does not mean that less
favourable conditions for workers than that
follow by European Parliament and Council Directive 2003/88/EC;
A contract is invalid in so far as it means that
less favourable conditions should apply to workers than
under the directive. Law (2011:740).
section 4 of the Government or the authority that the Government may
announce special regulations for total defense by way of derogation from
This law.
Regular working hours and on-call time
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 time may be up to 40 hours
week, on average, for a maximum period of four weeks.
Week counted from Monday, unless another calculation is applied
at the work place.
section 6, if because of the nature of the business is essential to a
workers at the employer's disposal on site for
to carry out work, on-call time shall be set at a maximum of 48 hours
per worker for a period of four weeks or 50 hours during a
calendar month. That on-call time is not considered to be time when the worker performs
work for the employer.
Overtime
7 § With overtime, of course, such a working time of more than ordinary
working time according to § 5, and on-call time in accordance with section 6. If other ordinary
work time or on-call time is due to collective agreements which have
the result in the order specified in section 3(1), or on
because of consent if the departure of the Swedish work environment authority according to
19 § 1, shall with overtime instead of course such working time at
full-time work exceeding normal working hours and on-call time in accordance with
agreement or consent.
For the purposes of calculating overtime, compensatory time off or other
leave being outsourced to the employee's regular working hours or
on-call time cannot be equated with the completion of regular working hours and
on-call time. Act (2000:766).
section 8 When there is particular need for increased working hours,
overtime will be charged with a maximum of 48 hours per worker during a
time of four weeks or 50 hours in a calendar month,
However, with a maximum of 200 hours in a calendar year (General
overtime). Law (2011:740).
8 a of the overtime, in addition to the General overtime may be charged with a maximum of 150
hours per worker during a calendar year, if available
special reasons for it and the situation has not gone to solve
in any other reasonable manner (extra overtime).
Extra overtime and General overtime may not
exceed 48 hours per worker during a period of four
weeks or 50 hours in a calendar month.
Law (2011:740).
section 9 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 interruptions or for damage to life, health, or
property, receive overtime for work to the extent that
conditions require (emergency overtime).
If the site is a local
workers ' organization within the agreement area work is falling,
get emergency overtime is imposed only if:
the employer, at the earliest opportunity notify organization if
overtime work. Law (2011:740).
Additional hours for part-time employment
10 § With additional hours of course work at such time
part-time employment exceeds the employee's ordinary
working hours and on-call time in accordance with the contract.
The provisions on the calculation of overtime in the second paragraph,
also applies when calculating the additional hours.
When there is a particular need for increased working hours, extra time will be
out with a maximum of 200 hours per employee in a calendar year
(additional hours). Additional hours may also be imposed in application of the
conditions for emergency overtime as specified in section 9. Law (2011:740).
10 a of the additional hours additional hours may be imposed in addition to the public with a maximum of 150
hours per worker during a calendar year, if available
special reasons for it and the situation has not gone to solve
in any other reasonable manner (extra extra time).
Extra additional hours and additional hours not to exceed general get together
48 hours per worker during a period of four weeks or
50 hours in a calendar month. Law (2011:740).
The total work time
10 b of the total working time for each period of seven
days may not exceed 48 hours on average over a
reference period not exceeding four months. In the calculation of the
total working time, vacation and sick leave during the
time when the worker would otherwise have been equated with
completed work time. Law (2011:740).
Notes on on-call time, overtime and extra time
section 11 of the Employer shall keep a record of on-call time, overtime
and extra time. Workers have the right to themselves or through
someone else take part of your notes. The same right is Union
organisations representing workers at
the work center.
The Government or the authority that the Government
determines how Announces such notes
shall be kept. Team (2013:611).
The organisation of working time, etc.
section 12 of all employers who employ workers to work more than
temporary workers shall provide notification of changes
the regular working hours and on-call time at least two weeks
in advance. Such information may, however, be given less time needed, if
the nature of the activities or events that have not been foreseen gives
reason for it.
section 13, all workers must have at least eleven hours
uninterrupted rest during any period of twenty-four hours
(daily rest). Derogation may be made by any chance, if it
prompted by any particular relationship which has not been
anticipated by the employer, provided that
the employee is given equivalent compensatory rest periods.
In the daily rest period that all workers have the right to be the time
between midnight and 5 o'clock. Derogation may be made, if
the work, due to its nature, the public needs or
other special circumstances must be conducted between midnight
and at 5. Act (2005:165).
13 a of the hours of work for night workers, during any period of
twenty-four hours may not exceed eight hours on average during
a reference period not exceeding four months. At
average calculation shall be deducted from the calculation period
twenty-four hours for each period of seven days.
Vacation and sick leave during the time when the employee otherwise
would have been completed shall be treated as working time.
Night workers whose work involves special hazards or heavy
physical or mental strain shall not work more than
eight hours in any period of twenty-four hours as they perform
work during the night. Derogation may be made by any chance, if it
prompted by any particular relationship which has not been
anticipated by the employer, provided that
the employee is given equivalent compensatory rest periods.
With night workers covered the normally performs at least three hours
of its work during the night or are likely to
perform at least one-third of their annual working time during the night. With
night referred to the period between 10 p.m. and 6 o'clock.
Act (2005:165).
section 14 of the workers shall be at least thirty-six hours
uninterrupted rest during each period of seven days
(weekly rest period). To weekly rest periods do not count emergency response time when
the worker must reside outside the establishment but shall
stand at the employer's disposal to perform work when
needs arise.
The weekly rest period should as far as possible, be located at weekends.
Derogation from the first subparagraph may be waived temporarily, if the
prompted by any particular relationship which has not been
anticipated by the employer. Such a derogation may be made only
provided that the employee be given equivalent
compensatory leave. Act (2005:165).
section 15 With breaks, of course, such interruptions in the daily working time for
the workers are not obliged to remain on
the work center.
The employer must indicate their length and organisation so
carefully as circumstances permit.
The breaks shall be located so that workers do not perform work more
than five consecutive hours. Their number, length and organisation of working time,
be satisfactory with regard to working conditions.
16 § Breaks may be exchanged for meal break at the workplace, if it
is necessary with regard to working conditions or with respect
to illness or other events which have not been foreseen by
the employer. Such meal break must be included in working time.
section 17 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 such case specify in advance
Working pausernas length and organisation of working time as carefully as circumstances
admits.
Breaks are included in working time.
section 18 Notwithstanding sections 13-17, the Government or the authority
the Government will decide, announce special regulations on working time
organisation of working time in road transport and aviation.
Dispensation of the Swedish work environment authority
§ 19, collective agreements referred to in paragraph 3 are not touched,
The work environment authority may allow derogation from b 5, 6, 10 and 12-14 § §
as well as the second and third paragraphs of section 15, if there are special
reasons for it.
The Swedish work environment authority's decision under this section may not
lead to less favourable terms shall apply for
workers than that resulting from the European Parliament and of the Council
Directive 2003/88/EC; Law (2011:740).
Privacy request for action
19 a of If a safety officer is of the opinion that measures need to be taken
to ensure that the 8 (a) (a), sections 9 and 10 are complied with,
protection officer approach the employer and request the
He is to take such measures. If the protection officer so requests, shall
the employer immediately leave protection officer a written
confirmation that the request has been received.
The employer shall, without delay, provide information on the question of the
or measures protection officer has requested. Leaves
the employer is not such a statement or rejects
the employer representative's request, the Working Environment Authority
consider whether the injunction or prohibition under section 22 shall be notified,
If the protection officer so requests. Law (2011:740).
Supervision
section 20 of the Swedish work environment authority shall have supervision over the law and the
regulations issued under the law is followed.
Act (2000:766).
paragraph 21 of the Working Environment Authority has the right to request the
information and documents needed for supervision.
In order to exercise supervision, the working environment authority the right to come
into working areas. The police authority should then leave the
assistance needed. Law (2014:660).
section 22 of the Swedish work environment authority must notify the injunctive relief or
ban needed to this law and regulations
communicated with the aid of the law should 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 (2013:611).
Penalty provisions, etc.
section 23 to the fine or imprisonment of up to one year are sentenced an employer who
intentionally or negligently violates an injunction or
prohibition has been issued under section 22. However, this does not apply if
the injunction or prohibition has gone with a penalty.
24 § fined sentenced an employer who willfully or
negligence
1. without prejudice to the exceptions or derogations have been made according to 3
or § 19, have hired an employee in violation of 10(b), 12,
15 or 16 § or violated section 11 or against regulations
granted under section 11, or
2. supplied incorrect information with regard to weight, when
The Swedish work environment authority has requested information or documents
According to paragraph 21.
An act that is the subject of a notice under section 22 shall
not result in criminal liability under the first subparagraph.
Team (2013:611).
24 a of an employer that applies the provisions of a
collective agreements contrary to section 3, fourth paragraph, shall pay
damages for the loss incurred and for the tort that
has taken place.
If it is appropriate, reparation can be reduced or completely fall
away. Law (1996:360).
section 25 for an employer who does not comply with its obligations under
collective agreements referred to in paragraph 3, as regards the provisions on penalty in
the agreement or the Act (1976:580) for participation in working life.
Penalties and fines
section 26 If an employer has breached the 5, 6, 7, 8, 8A, 9, 10,
10 a, 13 or 14 of, without having the support of the collective agreement
section 3, shall a penalty be imposed. The fee to be charged even
If the breach is not committed with intent, recklessly or by
negligence.
The fine is for each hour
unauthorised work time or on-call time and, for each worker
who has been involved in the battle against the 5, 6, 7, 8, 8A, 9, 10, 10A, 13
or section 14, 1% of the price base amount in accordance with Chapter 2. 6
and 7 of the social code in force at the time
which the infringement took place.
The fee to the State. Team (2013:611).
26 a of Any penalty shall not be imposed for an offence
covered by an injunction or prohibition under section 22.
Team (2013:611).
26 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 (2013:611).
paragraph 27 of the Working Environment Authority is trying through the charging order
questions about fines.
Charging procedure means that it deemed to be responsible
According to section 26 (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 work environment authority 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 (2013:611).
27 a of 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 after the judgment became final.
Team (2013:611).
Appeal
section 28 was repealed by Act (2000:766).
section 29 of the Swedish work environment authority's decisions in individual cases under this Act
or in accordance with the provisions adopted on the basis of this law,
be appealed to the administrative court.
Leave to appeal is required for an appeal to the administrative court.
Law (2008:298).
section 30 in order to take advantage of workers ' interest in an issue under
the Act may decisions referred to in 28 or section 29 appeal by
the main safety representative or, where such an agent is not available, other
safety representatives. There is no safety officer, a
employee organization may appeal such decision to the extent that the matter
relating to members ' interests, and the Organization has previously participated in
case.
If safety representatives are provisions in Chapter 6. occupational safety and Health Act
(1977:1160).
in terms of section 31 of the regulations, the work environment authority submit
Government issues of particular relevance before the agency notifies
decision in the case. Act (2000:766).
32 § Working Environment Authority may order that its decision shall apply
immediately. Act (2000:766).
Transitional provisions
1992:637
This law shall enter into force on 1 January 1993. Older regulations apply
still, however, in the case of overtime fee due
before the entry into force.
2005:165
This law shall enter into force on 1 July 2005. With the exception of paragraph 2 of
first paragraph 5 and of the provisions with regard to the law
(2005:426) concerning working hours, etc. for mobile workers in civil aviation
However, the new provisions shall only apply from
on 1 January 2007 if the employer on June 30, 2005 and
thereafter until 31 december 2006 are bound by
collective agreements governing working time issues. Act (2005:428).
2008:298
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 29 in its older version.
2008:476
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.
2011:740
1. this law shall enter into force on 1 August 2011.
2. Concessions given by the work environment authority according to
section 19 of its older version still applies.
2013:611
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.
