SWEDEN Law and Practice Contributed by: Robert Stromberg, Advokatfirman Cederquist KB
of absence for educational purposes, or part-time employment. Trade union representatives also have specific protection against dismissal and against dis - crimination based on their union activities. A trade union representative may not be given less favourable working conditions or employment terms and conditions as a result of their activities. Upon ter - mination of his or her duties, the employee shall be ensured the same or a comparable position in respect of working conditions and employment terms and conditions as if he or she had no trade union-related duties. Furthermore, in conjunction with a termination due to redundancy and in conjunction with lay-offs, the union representative shall be given priority for con - tinued work, provided it is of specific importance for trade union activities at the workplace. The employee could challenge a wrongful termination of employment as not having an objective reason and could be declared invalid by the court. If the termina - tion is declared invalid, the employer may be obliged to retroactively pay salary and benefits for the period from the termination until the court decides to declare the termination invalid, as well as punitive damages, compensation for economic losses and the costs of the litigation. 8.2 Anti-Discrimination The Discrimination Act prohibits both direct and indi - rect discrimination as well as harassment in working life based on sex, ethnicity, religion or other belief, disability, sexual orientation, transgender identity or expression, and age. Furthermore, employers may not discriminate against part-time or fixed-term employees, nor may they mis - treat an applicant or an employee for reasons related to parental leave under Swedish law. Trade union rep - resentatives are also protected from discrimination based on their union activities. 8. Disputes 8.1 Wrongful Dismissal Where a person who believes that they have been subject to discrimination or reprisals proves facts that
give cause to believe that they have indeed been sub - ject to discrimination or reprisals, the defendant must prove that there has been no such discrimination or reprisals. A party that violates the prohibitions against discrimi - nation or reprisals, or that fails to fulfil its obligations to investigate and take measures against harassment or sexual harassment under the Discrimination Act, shall pay compensation for discrimination for any humilia - tion and personal indignity resulting from the violation. When compensation is decided, the specific purpose of combating such violations of the Act shall be taken into consideration. The compensation shall be paid to the person offended by the violation. An employer who discriminates against an employee, applicant, or other relevant individuals (under the Dis - crimination Act), or breaches the provisions regarding prohibition against reprisals shall also pay compen - sation for the loss incurred. However, this does not apply to loss that is incurred in conjunction with a decision pertaining to employment or promotion, nor loss incurred as a result of discrimination in the form of insufficient access. Furthermore, if someone is discriminated against by a provision in an individual contract or in a CBA in a manner that is prohibited under the Discrimination Act, the provision shall be modified or declared invalid if the discriminated person requests it. Sweden is in the process of implementing the EU Directive (2023/970) on Pay Transparency. The objec - tive of the directive is to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms. 8.3 Digitalisation Digital court hearings have become more frequent, but no new legislation has been implemented that specifically regulates digital court proceedings. It is common for a party to a court hearing or a witness to participate digitally. Under the Swedish Code of Judicial Procedure, the court may decide that a par - ticipant in a hearing should be present via video if it is appropriate and there are specific reasons for doing
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