Amendment of regulations concerning the notification obligation in connection with posting
The regulations for posting in Sweden are based on the employee organisations having main responsibility for monitoring working and employment conditions for employees posted to Sweden. At the same time, the Swedish Work Environment Authority supervises the working environment of those posted. In order for this control and supervision to function, an amended regulatory framework for notification obligation for posting is proposed in a ministry memorandum from the Ministry of Employment.
The memorandum includes an assessment of whether the legislation on the notification obligation in connection with posting meets the needs of public authorities, employee organisations or other actors to collect information on posting employers in Sweden.
The conclusion is that the notification rules in connection with posting do not function as intended. There are strong indications that too few notifications are made and that the register does not provide an accurate picture of posting in Sweden.
As part of the Government's work for fairer working conditions in the labour market, Minister for Employment and Integration Ylva Johansson has decided to refer the ministry memorandum, which includes the following proposals, for comment:
Notification of posting and of contact person from day one
- It is proposed that the exemption from the notification obligation for shorter postings be removed. It is proposed that the employer's obligation to notify a posting and to appoint, and notify the details of, a contact person apply accordingly to all postings regardless of the length of the posting. It is also proposed that the obligation to notify any changes in activities is to apply immediately.
Obligation for employers to submit documentation and for service recipients to notify the Swedish Work Environment Authority of missing documentation
- It is proposed that posting employers be required to submit documentation to the service recipient showing that the notification obligation has been met. A service recipient who does not receive such documentation is to inform the Swedish Work Environment Authority. A financial penalty will be charged if documentation is not submitted, or if the service recipient does not notify the Swedish Work Environment Authority when documentation is missing.
Increased powers for the Swedish Work Environment Authority
- It is proposed that the Swedish Work Environment Authority be given increased powers for its supervision of the regulatory framework concerning the notification obligation and contact person. A right to information etc., a right of access and a right to issue prohibitions or orders is introduced through a reference to the corresponding provisions in the Work Environment Act. It is proposed that the provisions will also apply in relation to the service recipient.
The same ministry memorandum also contains proposals for fairer working conditions in the transport industry.