About Report a posting
What is posting?
Posting to Sweden means that
- an employer in another country sends a worker to perform a service in Sweden during a limited period of time
- there is a recipient of the services in Sweden the worker is to perform.
A service is some kind of work. A limited period of time means that there must be a start and an end date for when the services are to be performed.
A recipient of services can be a company, organisation or a private individual in Sweden who receives a service against compensation. The employer abroad and the recipient of services in Sweden normally have an agreement which regulates what service the posted worker is to perform. The parties can belong to two different companies within the same corporate group.
It is also posting when an employer abroad hires out workers directly to a recipient of services in Sweden or through another company which in its turn sends the worker to the recipient of services.
It is not posting when a self-employed performs the service himself or herself.
There are three main posting situations: The workers will perform a service for a recipient in Sweden and
- work under the employer's business contract with the recipient of services
- be hired out directly to the recipient of services
- be hired out to another company abroad that sends them to Sweden
In all these situations the employer is responsible for reporting the posting to the Swedish Work Environment Authority and to ensure that the workers have their rights.
Why do I have to report?
The information you report is used by the Swedish Work Environment Authority and the social partners to ensure that posted workers in Sweden recieve the working and employment conditions to which they are entitled under Swedish law and collective agreements. Sweden's rules on posting are based on basic rules that are common to the EU and the EEA area. They are there to
- strenghten the rights of posted workers
- make it easier for people to work in other countries within the EU or the EEA area
- companies must be able to offer their services on equal terms within the EU or the EEA area.
As an employer, what must I do?
As an employer, you must
- report postings of workers to Sweden in the Swedish Work Environment Authority’s service Report a posting
- comply with the Swedish rules and collective agreemeents on the working environment, discrimination, working hours, holidays, parental leave, salary and taxes.
More information on what rules and collective agreements you have to comply with, is at this page and the page Posted worker's rights and obligations.
The complete Swedish rules on posting are in the following statutes:
- If you are to post a worker, you must report it no later than the day the worker begins the work in Sweden.
You should not make a new report if an already reported worker needs to be absent for a shorter time during the posting period. For example, it may be due to limited work in his home country, sickness, leave or holiday.
- Begin by creating an account and choosing login information in our service Report a posting. It should include information about your company:
- company name, corporate identity number, e-mail address of the company, postal address and global industry code according to the EU statistical classification of economic activities, NACE
- the signatory of the company: name, identification number (personal identity number, passport number or other unique official identification number), e-mail address, postal address and phone number
- Continue with reporting your posting. The report should include information about
- the recipient of services in Sweden
- if the recipient is a company: company name or corporate identity number
- if the recipient is a private individual: address of the place in Sweden where the worker will be performing the service
- the worker to be posted: name, identification number (personal identity number, passport number or other unique official identification number), date of the days the worker will begin and finish his work, industry code according to the EU statistical classification of economic activities, NACE, of the service the worker is to perform
- contact person in Sweden that you have appointed and who is authorized to represent you – see further information under The contact persons’s rights and obligations. The contact person may be anyone as long as he or she is in Sweden. It may be, for example, a posted worker or a person at a consulting company or similar. You should fill in the contact person’s name, identification number (personal identity number, passport number or other unique official identification number), e-mail address, postal address and phone number.
- the recipient of services in Sweden
- You will receive an automatic reply to the e-mail address that you have registered in our service, confirming that we have received your report.
- Provide documentation to the recipient of services that you have reported the posting to us. You must to this no later than the date the worker begins the work in Sweden.
The recipient of services is the party that receives the services that the posted worker will perform. The documentation may for example be the notification that you will receive from us through e-mail when you have reported a worker.
- If any information that you have reported is changed later on, you must change your report in our service Report a posting.
- We check reported information and also inspect workplaces that we assess may have posted workers.
- If you do not report the posting or contact person in due time, you may have to pay a sanction fee of SEK 20 000 per posted worker. The same applies if you do not provide documentation of the report to the recipient of services on time. In these cases you will receive a fee injunction which is a decision from us for you to pay the sanction fee.
- If you accept the sanction fee, you will have information from the county administrative board in Stockholm on how to pay.
- If you object to the sanction fee, you will have a confirmation from us saying that we have received your objection. Thereafter we will assess the matter once again.
- If we accept your objection, we will notify you.
- If we do not accept your objection, we can apply in court for the sanction fee to be sentenced. In this case you will hear from the court.
- If your report is incorrect or incomplete we may decide upon an injunction which is an order for you to correct the deficiencies. The same applies if your reported information is not updated. You may also have an injunction if the contact person does not perform his or her tasks according to the regulations.
- If we are planning to decide upon an injunction, you will have a notification from us saying that you will have the opportunity to comment before we decide.
- If we agree with your comments, we will notify you.
- If we do not agree with your comments, we will send you a decision about the injunction. The injunction may be combined with a penalty sum which is an amount of money that you have to pay if you do not follow the injunction. You will have the opportunity to appeal the injunction by sending us your appeal. Information on how to appeal is in our decision.
- If you do not correct the deficiencies within the time limit stated in the injunction, a court may sentence the penalty sum that you should pay. In this case, you will hear from the court.
The contact person that you have appointed must be in Sweden during the whole period of the posting.
The contact person is authorised to receive service of documents on your behalf. The contact person must also be able to present documents which state that the requirements in the Posting of Workers Act are met. This may, for example, be an employment contract that shows that the workers have the conditions required according to the Posting of Workers Act, necessary documentation according to the Work Environment Act and time reports.
If a posting has lasted more than 12 months, the posted worker is entitled to almost all of the working conditions and terms of employment that apply to employees in Sweden in a corresponding situation. The time limit does not apply to one single worker, but different workers’ time shall be counted together if they take over the work from each other and continue to perform the same service at the same place. As an employer, you must inform a posted worker who replaces another posted worker of the combined total posting time no later than the date the worker begins the work in Sweden.
You may extend the time limit from 12 to 18 months for when the worker is entitled to additional conditions. In that case, you must report and provide the reasons for it to the Swedish Work Environment Authority. You must do so no later than the date the worker has been posted for 12 months.
Remember that you must also report changed information about a posting in our service Report a posting. If you only want to extend the actual time of a posting, you should only change your report in our service.
How to report extention of the time limit to 18 months for when the worker is entitled to additional working conditions and terms of employment:
- Send an e-mail with the following information to firstname.lastname@example.org:
- company name and corporate identity number or equivalent of the posting company
- name of the recipient of service in Sweden
- place or address in Sweden where the posted worker is providing the service
- name and a unique official identification number of the posted worker concerned by the extension
- date of when the service began to be performed
- date of when the service is estimated to be finished
- your reasons for extending the time from 12 to 18 months
- You will receive an automatic reply to the e-mail address from which you sent your report.
- We will check that you have provided us with correct information. If anything is missing, we will contact you.