The purpose of the changes is to give posted workers stronger protection and conditions that are more like the ones had by those who work as employees in Sweden. They are also intended to facilitate the work of employee-representative organisations and authorities to ensure that the rights of posted workers are fulfilled.
The changed rules enter into effect on 30 July 2020.
More stringent requirements on employers that post workers to Sweden
Among other things, the changes mean that if you are an employer you must
- report a posting to the Swedish Work Environment Authority and appoint a contact person in Sweden no later than the date the posting begins; employers previously did not need to report postings that lasted a maximum of five days
- provide documentation to the recipient of service in Sweden that you have reported the posting
- inform a posted worker, who is replacing another posted worker to perform the same service in the same location, of the combined total posting time so that the posted worker can safeguard his or her right to the extended conditions that apply to a long-term posting.
New responsibility for recipients of service in Sweden
If you receive services performed by posted workers, one new requirement is that you must notify the Swedish Work Environment Authority if you did not receive documentation from the employer that the posting was reported. You must provide this notification no later than three days after the work has begun. This requirement does not apply if you receive services for private use as a private person.
Stronger protection for posted workers in Sweden
If you are a posted worker, one change is that the salary that the Swedish employee-representative organisation may require in collective agreements may be more than a minimum salary. You may also have the right to compensation for travel, room and board during the posting in Sweden, as well as a right to accommodation.
If you have been posted to Sweden for 12 months, you have the right to almost all of the working conditions and terms of employment that apply to employees in Sweden. The time is counted together if you continue to perform the same service in the same location as a previous posted worker. Your employer must then inform you of the combined total posting time. Before the 12-month period has expired, the employer may extend the time to 18 months if he or she reports it to the Swedish Work Environment Authority.
The changed rules mean that employee-representative organisations are expected to work out special collective agreements with terms for long-term posting. If necessary, with support of industrial action, they can ensure that employers enter such agreements.
What rules are changing?
The rules that are changing are mainly in the Posting of Workers Act (1999:678).
The Government will also need to change the Posting of Workers Ordinance (2017:319).
This is because on 28 June 2018 the EU passed the so-called amendment directive that Sweden must introduce to Swedish law: Directive (EU) 2018/957 of the European Parliament and of the Council amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services.