Frequently asked questions about posting
Foreign posting and obligation to report
When should a posting be reported to the Swedish Work Environment Authority?
An employer must report a posting to the Swedish Work Environment Authority at the latest when a posted worker begins work in Sweden.
If the posting lasts for five days at the most, no report is required. If the work is extended, a report must be made by the sixth day at the latest.
If the operations are changed in a way that is of significance to the information reported, e.g. the place where the work is to be performed has changed, the employer must report the amended information to the Swedish Work Environment Authority no later than three days after the change has occurred.
What is a posting?
A posted worker is a person who is sent to another country by their employer to work there for a limited time. There are four situations of immediate interest:
- You are working on your employer’s behalf and under his or her management. Your employer has an agreement with someone in Sweden who is receiving your services;
- You have been sent to a workplace or a business in Sweden that belongs to your employer’s corporate group;
- You have been hired out or are on loan from a staffing agency to a business that has its operations here.
The Swedish Work Environment Authority’s Customer Service cannot make a judgement on questions of whether or not a posting is involved, as there are several different aspects such as tax regulations, social security contribution regulations, and so on that play a role. If you are unsure of whether or not a posting is involved, we recommend that you submit a report to the registry.
What does “being posted for a limited time” mean?
There is no definition of “limited time” in the Foreign Posting of Employees Act (SFS 1999:678) or in the EU Posted Workers Directive (96/71/EC). If you are not employed for an unlimited time (“until further notice”), you are employed for a limited time.
What should a report of a posting contain?
The report of a posting should contain information on:
- the employer’s name, mailing address, and legal domicile
- the name, personal ID number – or, if none exists, date of birth, mailing address, telephone number and e-mail address of an authorised representative of the employer
- the type of service(s) to be performed in Sweden
- the planned period of time for performance of the service(s) in Sweden
- the location(s) in Sweden where the service(s) are to be performed
- name and personal ID number – or, if none exists, date of birth for the employees to be posted in Sweden.
The report of a posting should contain information on the contact person's:
- personal ID number – or, if none exists, date of birth
- mailing address in Sweden
- telephone number
- email address.
What happens if the employer missed reporting changes to a posting, and three days have passed?
The Swedish Work Environment Authority can order a report of the changes for the registry with a certain amount of time. Additionally, the order can be associated with a fine. This means that if the employer does not report changes of immediate interest, the employer must pay fines to the Swedish state.
When should a contact person be selected, and what role does he or she play?
The employer must select a contact person in Sweden and report him or her to the Swedish Work Environment Authority. This must be reported at the latest when a posted worker begins work in Sweden. When the contact person is reported to the registry, that person will be authorised to receive notifications on behalf of the foreign employer. The contact person must also be able to show documents indicating that the requirements in the Foreign Posting of Employees Act have been met. For example, it may be an issue of employment contracts that show the employees enjoy the conditions required according to the Act, necessary documentation according to the Swedish Work Environment Act, and timekeeping records.
Can an accounting office or similar be a contact person?
No, only natural persons may be reported as a contact person. They must be in Sweden so as to receive notifications and to be able to show documents confirming the Foreign Posting of Employees Act has been observed.
Can a posted worker be a contact person?
Yes, there is nothing preventing an employee from being a contact person.
Must the contact person be physically located in Sweden during the time the posting is in progress?
Yes, the contact person must be in Sweden.
What does it mean that the Swedish Work Environment Authority is a liaison office as regards posting?
The Swedish Work Environment Authority must provide the information needed regarding what applies during a posting in Sweden when questions arise from government agencies in other countries, employers, and employees. It may also be an issue of directing inquiries to the right government agency.
Where are the regulations concerning the registry?
The regulations are found in the Foreign Posting of Employees Act (SFS 1997:678) and the Foreign Posting of Employees Reporting Ordinance (SFS 2013:352).
According to §9 of the Foreign Posting of Employees Act, the Swedish Work Environment Authority must provide information on work and employment conditions that could be applicable during a posting in Sweden. How should this be interpreted?
See "What does it mean that the Swedish Work Environment Authority is a liaison office as regards posting?" above.
What does “authorised representative” mean?
“Authorised representative” means that the person has the authority to enter into agreements on behalf of their company – for example, signing collective agreements. The definition is comparable to an authorised signatory in Sweden, but it can vary between different states. The idea is to name a person who can sign collective agreements, for example. There is no requirement that the person must be in Sweden.
Where can I find regulations on the minimum wage in Sweden?
In Sweden, there are no regulations on the minimum wage in the laws, but in collective agreements instead. The parties to the agreement are responsible for observing them, and this also applies in issues around wages.
Our Customer service refers such questions to the unions in Sweden, who handle the collective agreements where these regulations can be found.
Contact information for the central employee organisations:
Telephone +46 (0)8 796 25 00
Byggnads is a member of LO.
Byggnads contact information
Telephone: +46 (0) 10 601 10 00
Telephone: +46 (0)8 782 91 00
Telephone: +46 (0)8 613 48 00
Telephone: +46 (0)8 440 85 00
What is an A1 certificate?
The A1 is a certificate that shows which state’s social security system the holder belongs to. You can obtain it from the equivalent of the Swedish Social Insurance Agency in the country the employee comes from. Apply for an A1 certificate prior to the employee’s departure. It shows that the employee already belongs to a social security system within the EU and thus does not need to pay for employee benefits in Sweden.
When and to whom are receipts from the registry sent?
An e-mail message is sent to the account holder to confirm that the e-mail address is correct in order to create an account.
Receipts for information submitted, or as soon as the registered information about a report of posting or a contact person is changed, are sent in PDF format to the account holder, to the reported representative for the employer, and to the reported contact person in Sweden.
How can I change a reported posting?
Click on the symbol to the right of the field you want to change. Change the incorrect information; don’t forget to click on “Save”. You will be sent a receipt via e-mail (sent to the account holder, to the employer’s reported representative, and to the reported contact person).
How can I change the information I reported to the registry?
Click on “Change information” and make the changes. Don’t forget to save them. You will be sent a receipt via e-mail (sent to the account holder, the employer’s reported representative, and to the reported contact person).
Last updated 2016-09-26