Industry Articles

Foreign workforce – posting of employees to Sweden

Data publikacji:18.09.2019

Foreign workforce in Sweden in the meaning of delegating of employees via providing of services to a Swedish company.
The first stage is an obligation of reporting to a special register, of the fact of posting of the employees and registering of the person, and the obligation concerns the employers that plan to delegate their employees.

On the web page of the Office for work safety and hygiene (Arbetsmiljöverket) the information was placed concerning the employers delegating their employees to Sweden, as well the web page constitutes a valuable source of information for the employees delegated to Sweden.
The employer that wants to delegate the employees to Sweden, has to observe the Swedish regulations concerning the work environment, work time, holidays, parental leaves as well as the regulations concerning discrimination.

In case of posting of employees to Sweden The delegated employee is protected by the Swedish regulations of the binding law. Both the employees from the European Union states and the ones from the countries not being a part of the EU are subject to the protection The provisions concerning the delegated employees strengthen the rights of these persons, as well as make it easy for a foreigner to find a job, moreover the binding law facilitates providing of services outside their state. Most of all the entrepreneurs may not make use of the differences in the work conditions and employment in order to benefit from unfair competition.

Foreign workforce – delegation to Sweden

The employee delegated to work in Sweden, is a person working in a different state, but temporarily seconded by his / her employer, in order to carry out work. Delegating employer has got its seat in another state, on the other hand it provides services outside its borders. The entrepreneur delegates his employees to Sweden for specified period of time.

Posting of employees to Sweden takes place:

  • on the basis of the agreement that the employer concluded with the service recipient on the territory of Sweden;
  • in the framework of one concern;
  • while hiring by the employer of the workforce or making available of the workforce for the disposal of the enterprise making use thereof in Sweden.

Arbetsmiljöverket maintains the national register of the employees posted, where the employer has to register its posted employees. The obligation of reporting of the employees to Arbetsmiljöverket came into force as of 1 July 2013. The office task is to prepare and administration of the employees delegated to work for a specified period of time. Arbetsmiljöverket will also have the control function via verification of the information reported. The office is also equipped with the function that enables imposing of penalties that will be a result of the incomplete notification or a lack of the notification.