June 21, 2013
As of July 1, 2013 foreign companies sending employees to Sweden to work for more than 5 days will need to notify the Swedish Work Environment Authority (SWEA). This new registration also applies to foreigners who travel to Sweden on business for more than 5 days, as well as to foreigners who are currently already working in Sweden on a posting which started in the last 5 years.
What is considered a posting?
The following situations are considered postings as defined by SWEA:
- The employee is working on the foreign company’s behalf and under its management;
- The employee provides services to a company or person in Sweden based on an agreement between the foreign company and the Swedish client;
- The employee is sent to a workplace or business in Sweden that belongs to the same corporate group as the sending company;
- The employee is hired out or on loan from a staffing agency to a business that has its operations in Sweden.
Registration with SWEA does not need to take place if the foreign employee has a local Swedish employment contract, or if the posting or business trip is for a maximum of 5 days.
The registration needs to take place through SWEA’s website (www.av.se), latest on the 6th day from date of arrival in Sweden. Non-compliance will result in sanctions or penalties.
The registration needs to include identification details of the employee, the foreign employer’s name and address details and information regarding the type of services to be performed, as well as the planned duration and location(s) of the services. Pro-Link GLOBAL is able to assist with this mandatory registration.
The new registration requirement is meant to enable the SWEA to ensure that working conditions for foreign employees are in compliance with Swedish law, including topics as Health & Safety regulations, discrimination at work and working hours. Therefore, the foreign company also needs to appoint a person who is authorized to represent the company in Sweden, including being authorized to enter into agreements on the company’s behalf, and who, among other things, can be contacted by SWEA to provide evidence that the laws regarding postings in Sweden are complied with.
Lastly, any significant changes to a registered posting, such as change of working location, need to be reported to the SWEA within 3 days of the change taking place.
ACTION ITEMS FOR EMPLOYERS
Employers who send foreigners to Sweden for work or business should be aware of this new registration requirement coming into effect on July 1, 2013. An authorized representative needs to have been appointed by this date for any company with employees currently on postings or business trips in Sweden and registration will need to take place for these existing employees as soon as the new regulations come into effect. Companies with no person in Sweden at this moment need to ensure that an authorized contact person has been appointed latest on the date of registration of the first future employee in Sweden.
Please contact your Pro-Link GLOBAL Immigration Specialist in case you have any employees in Sweden at the moment, either for work or business, or plan to send employees to Sweden in the near future.
Caveat Lector | Warning to Reader
This is provided as informational only and does not substitute for actual legal advice based on the specific circumstances of a matter. Readers are reminded that Immigration laws are fluid and can change a moment’s notice without any warning. Please reach out to your local Pro-Link GLOBAL specialist should you require any additional clarification. This alert was prepared by the Pro-Link GLOBAL Knowledge Management Team. Pro-Link GLOBAL worked with our PLG | KGNM Correspondent Office in Sweden to provide you this update.
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