Posting of workers to Sweden
Posting employees to Sweden means that an employer from another country posts an employee for a specific period of time to perform a service in Sweden for a specific recipient of those services. The start and end dates of the services must be clearly defined. The foreign employer and the Swedish recipient of the services usually enter into a contract that regulates what service the seconded employee must provide. The two parties may belong to two different companies within the same group.
Delegation is also when an employer abroad hires employees directly for a service recipient in Sweden or through another company, which in turn sends the employee to the service recipient.
In contrast, we do not deal with delegation when an individual entrepreneur performs a service independently.
Delegation of workers to Sweden - legal basis
Sweden’s delegation regulations are based on basic principles common to the EU and EEA area. The regulations are designed to strengthen the rights of posted workers and make it easier for employees to work in other EU and EEA countries and for companies to offer their services. They also aim to combat dumping, meaning that companies should not be able to exploit differences in working and employment conditions to gain a competitive advantage.
Rights and obligations of employees during a business trip in Sweden
Employees posted to Sweden have a number of rights and obligations, which are regulated by national laws and specific agreements and industry collective bargaining agreements.
Work Environment
A posted employee has the right to a safe working environment. Posting employers must comply with both the Labor Environment Act and regulations of the Occupational Safety and Health Administration
Discrimination and insulting treatment
Discrimination on the basis of gender, gender identity, ethnicity, religion, disability, sexual orientation and age is prohibited. The employer has a duty to counter offensive actions against employees.
Working hours and the right to breaks
Posted workers are subject to the Working Hours Act, which regulates working hours, on-call time, breaks and night rest. However, collective agreements may modify these provisions.
Leave of absence
A posted employee is entitled to leave in accordance with the law, but these rules may only apply to a posting to Sweden lasting more than eight days.
Parental leave
Parental leave regulations also apply to posted employees, and discrimination in this regard is prohibited.
Social benefits
A posted worker is usually insured in the country where the employer is located, and rights to social security benefits are based on the laws there. In the case of the EU/EEA or Switzerland, it is necessary to obtain an A1 certificate to determine the country in which the employee is insured.
Posting employers are required to thoroughly familiarize themselves with local regulations and industry agreements to ensure that the rights of workers posted to Sweden are fully respected.
Delegation pay in Sweden and tax obligations
Sweden does not have a minimum wage law, so there is no wage level that automatically applies when workers are posted to Sweden. However, wages may be set by Swedish collective bargaining agreements, negotiated by employee and employer organizations. Posted workers may also be entitled to reimbursement of travel, food and lodging expenses while posted to Sweden, as well as housing rights. The content of contracts varies by industry.
The issue of taxation of posted workers depends on various factors, such as the length of stay in Sweden and the tax treaty between Sweden and the country of origin. Matters related to tax liability are managed by the Tax Administration.
Why choose IMPOL?
IMPOL, as a representative of hundreds of foreign companies in France, has developed over the years an online secondment management know-how that allows you to manage all your secondment responsibilities. Including storing mandatory documents, managing seconded employees. Applications for SIPSI declarations and/or BTP cards. We work 7 days a week to ensure that your project is carried out in accordance with local labor laws, which will translate into a smooth stay for your employees and the completion of the assigned work.
Representative
We support you through the entire process of posting employees to France. We provide advice. We assist you in emergency situations. We apply for special permissions to ensure maximum impact and profitability.
Application and documentation management
Depending on your needs, we will take care of all the formalities related to posting to France , from setting up the account to the declaration of the posted employees.
Assistance in case of inspections
We intervene in the event of an inspection by an inspectorate, providing the required documents for the necessary to justify compliance with posting obligations. As a sworn Polish-French translation agency and having our own lawyer specializing in social law, we offer you comprehensive care.