This is posting
A posted worker in Sweden is a person who usually works in another country but is sent to Sweden by his or employer to work here for a limited period of time. An employer who posts his or her employees in Sweden is based in another country and provides services across national borders. The employer posts his employees in Sweden for a limited period of time. The posting can take place
- according to a contract that the employer enters into with a recipient of the services in Sweden,
- within the business group, or
- by employers contracting out labour or making labour available and sending workers to a user undertaking in Sweden.
In order to find out if it is posting to Sweden, one can ask the following questions
- Does an employer who is established in a country other than Sweden provide services across national borders?
- Does the worker usually work in a country other than Sweden?
- Is the worker sent to Sweden to work here temporarily?
- Is there a recipient of the service in Sweden, or is the posting within the corporate group?
If one answers yes to all questions, it is posting.
What is meant by ’to provide a service’?
Providing a service in this context means carrying out some form of work – service - where the foreign employer receives financial compensation from the recipient of the service in Sweden.
It does not count as providing a service if a foreign employer sends the employee to attend, for example, a course, conference, or other training.
What does ’there must be a recipient of the service in Sweden’ mean?
There must be a recipient of the service here, which means that the posted worker must work in Sweden for, for example, a company, a customer, an economic partner or a company within the same group.
It does not count as posting if a worker is sent to Sweden to work for his own employer’s account and, for example, to conduct a market investigation or news report without any recipient of the service here.
Examples of situations when you are posted
- You work in England for a UK company that sends you to Sweden for nine months to market the Swedish subsidiary's products.
- You are working in Poland at a construction company and are sent to Sweden to work for a Swedish construction company for three months.
- You are a Finnish citizen, employed by a French staffing agency, and sent to Sweden to work for one year at a Swedish company. The Swedish company is the recipient of the service.
Examples of situations when you are not posted
You are sent by your employer to Sweden to:
- attend a course
- participate in a conference
- carry out a market survey on behalf of your foreign employer
- make a news report for your foreign employer's account
- carry out a business trip on behalf of your foreign employer
Am I posted when I travel on a business trip?
When it comes to business trips, it is the purpose of the trip that determines whether it is posting or not. The trip should be counted as posting if the purpose is, for example, that the employee is sent by his or her foreign employer to market a Swedish company's products.
The foreign company receives compensation from the Swedish company for the work. It is not posting if the employee is sent to Sweden to market his own employer's products. It is important to constantly ask if the foreign employer provides any kind of service and if there is a recipient of the service in Sweden.
Does cabotage count as posting?
Cabotage is the carriage of passengers or goods within a country's border, carried out by a company registered outside the country's borders. In Sweden, cabotage, provided by a foreign freight forwarder, is classified as posting if there is an agreement between the employer and the recipient of the services, and the other criteria for posting are met.
In an inquiry from the Ministry of Employment, amendments to The Posting of Workers Act have been proposed in order to clarify the regulations applicable to cabotage transport by road as well as to improve enforcement and compliance (Ministry Publication Series 2017: 22 Posting and Road Transport).
The origin of the posting regulations
The posting regulations originate from EU directives:
- Directive 96/71 / EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in connection with the provision of services
- Directive 2014/67 / EU of the European Parliament and of the Council of 15 May 2014 on the application of Directive 96/71 / EC on the posting of workers in connection with the provision of services as well as amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (IMI Regulation)
The directive has been implemented in Sweden by The Posting of Workers Act and the Ordinance (2017: 319) on the Posting of Workers (1999: 678).
Last updated 2018-05-30