SWEDEN Law and Practice Contributed by: Robert Stromberg, Advokatfirman Cederquist KB
Work Environment Act, which requires employers to take all necessary measures to prevent workers from being exposed to ill health or accidents. The employer must therefore systematically plan, direct and moni - tor activities in a manner that ensures that the work environment meets the prescribed requirements for a good work environment. The employer’s responsibility for the work environment applies even when employ - ees work remotely. However, the employer and employees must co-oper - ate to create a good work environment. In the case of mobile work, when the employer’s insight into the work environment is limited, employees must conse - quently alert the employer to any deficiencies in the working environment. The employer’s responsibilities include the physical work environment, such as equip - ment, as well as the social work environment, such as working hours. Furthermore, the rules regarding work - ing hours in the Working Hours Act must be complied with even when an employee is working remotely. Employees are therefore entitled to a minimum rest period of 11 consecutive hours in any 24 hours (“daily rest”), and a rest period of 36 consecutive hours per seven-day period (“weekly rest”). The GDPR applies to mobile work, and the protection of personal data must be upheld in accordance with the GDPR, regardless of where the work is carried out. An employee working remotely is entitled to the same social security benefits as an employee performing work at a fixed location. This means that the same rights to sick pay, parental leave and holiday pay apply. 5.2 Sabbaticals The term “sabbatical” is not used in Swedish labour law, but employees may be legally entitled to a leave of absence, depending on the purpose of the leave. The leave of absence entails unpaid leave for a speci - fied period. An employee is not entitled to general leave, but the employer may choose to grant it. Under certain conditions, an employee may be entitled to necessary leave from their employment to receive education. Pursuant to the Employee Leave (Educa - tion) Act, this applies if the employer has employed
an employee during the most recent six months or for a total of not less than 12 months during the last two years. An employee may also be entitled to leave from work for a maximum of six months in order to pursue a busi - ness activity by themselves or through a legal entity. However, the employee’s activities must not compete with the employer’s business. Employees may have a legal right to a leave of absence for family-related reasons, such as a family member’s accident or to care for a seriously ill relative. 5.3 Other New Manifestations Gig work or platform work is increasingly common. Gig work involves individuals working through plat - forms, such as an application, and receiving orders for tasks. This type of work is not regulated separately in Swedish law. An important issue that arises in connection with gig work is whether the individuals working are to be regarded as “employees” in the context of the law, or as independent agents. To be covered by the protec - tion of Swedish labour law, the person carrying out the work must be considered an employee. There is no legal definition of the term “employee”; instead, the court must decide in each case whether a gig worker is to be considered an employee. Note, however, that gig work may become subject to separate regulations through national implementation of the new EU direc - tive on improving working conditions in platform work. Almost 10% of employers in Sweden are members of an employers’ organisation, and approximately 70% of employees are members of a trade union. There are approximately 110 different trade unions and employ - ers’ organisations in the Swedish labour market. The parties have agreed on more than 650 CBAs, so trade unions are very prevalent on the Swedish labour mar - ket. The “Swedish model” of industrial relations is characterised by a high degree of organisation, even though trade union density is currently falling. 6. Collective Relations 6.1 Unions
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