Labour Rights in Sweden

Work in Sweden 🇸🇪
Last Updated: 24 April 2024 / By Marco

Labour Rights in Sweden

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Knowing your rights and obligations under Swedish labor law is essential to get a fair treatment at your workplace. To help you with that, this article will touch on topics such as handling workplace injuries to navigating complex issues like discrimination. Let’s do it.

Disclaimer: We are not legal experts. Do not take the following information as legal advice. All information is solely based on personal experience or research.

Table of Contents

Labour Rights as an Employee in Sweden

Sweden has a strong set of labour laws to protect both employees and employers

Swedish labour rights were created to protect the rights of workers, covering everything from job safety to fair pay (guaranteed by collective agreements and trade unions).

So… what are some examples of these “labour rights”?

Well.. let me give you a few of the most important existing labour rights in Sweden (which we will talk in depth as this article develops):

The Role of Employment Contracts

Employment Contracts are essential as they outline the terms of your job, letting your clearly know what are your rights and obligations regarding your position.

You might be interested in: Employment contracts in Sweden

Even though I wrote an article about Swedish employment contracts, here is, in short, what most of these contracts might have:

  • Job Duration: Whether the job is for a limited time or permanent.
  • What You Need to Do: A clear description of your job duties.
  • Pay and Benefits: How much you will earn and any extra benefits like health insurance.
  • Hours and Breaks: When and how long you are supposed to work, including overtime and breaks.
  • How to End the Job: Conditions for when and how your job can end.

Right to Work Safely

Supported by the Work Environment Act (Arbetsmiljölagen), the right to work safely is aimed at ensuring that every Swedish employee has the right to a workplace free from health risks and safety hazards.

Here’s what this right involves:

  • Identifying Dangers: Employers must check for any dangers at the workplace regularly and take steps to prevent them
  • Learning about Safety: Employees should be taught about the dangers they might face at work and how to deal with them
  • Providing Safety Gear: Employers must give workers the necessary safety equipment, make sure all tools and machines are safe to use and comply with all relevant Swedish safety regulations and standards
  • Being Ready for Emergencies: Workplaces must have a plan for handling emergencies, such as accidents or health issues

If any of these rules are not followed, the employee might have the right to:

  • refuse work that is unsafe without fear of retaliation
  • and report unsafe conditions to supervisory personnel or relevant authorities

What Labour Rights Support This Right?

Sweden’s commitment to labor rights starts with the Work Environment Act (Arbetsmiljölagen), which sets a high standard for creating safe and healthy work conditions.

The act requires employers to actively prevent workplace injuries and health issues and involves employees in safety decisions through representatives and committees.

Who Enforces this Right?

The Swedish Work Environment Authority is the main organization that ensures safety at work in Sweden.

They make sure that employers follow the safety rules by guiding them on how to improve safety and checking their workplaces.

If a company doesn’t meet safety standards, this authority can give penalties to make sure they do better.

Also, trade unions in Sweden also help keep workplaces safe as they speak up for workers and provide legal support when their employers do not offer their workers a safe work environment.

Right to Stable Employment

Employees in Sweden have the right to have job security

The right to stable employment is aimed at ensuring that every Swedish employee has the right to job security and protection against unjust dismissal.

Here’s what this right involves:

  • Employment Contracts: Employers must provide clear contracts that define the terms of employment, thus ensuring transparency
  • Protection Against Unfair Dismissal: Employees are protected from being fired without just cause. Employers must follow strict procedures and should provide valid reasons before terminating employment.
  • Notice Periods: Depending on the length of service, employees are entitled to a notice period before employment termination, giving them time to find new employment. (You might be interested in: How job notice periods work in Sweden)
  • Severance Pay: In certain cases, employees might be entitled to severance pay if they are dismissed, providing financial support during their job transition.

If any of these rules are not followed, the employee might have the right to challenge the dismissal in court (with the help of their job union, if they are part of any) and seek compensation for unfair dismissal.

What Labour Rights Support This Right?

The right to stable employment is primarily supported by the Employment Protection Act (LAS), which is a cornerstone of Swedish labor law designed to provide job security and protect employees from arbitrary dismissal.

This act emphasizes fair treatment in the workplace and ensures that employers adhere to equitable labor practices.

Who Enforces this Right?

The enforcement of the right to stable employment in Sweden is managed by the Swedish Labour Court, which deals with labor disputes, including issues around unfair dismissal.

Again, trade unions play a critical role in supporting this right too as they negotiate collective agreements that often provide even greater protection than the law itself and represent employees in disputes, ensuring that their rights to stable employment are maintained.

What is a Warning Letter (Skriftlig Varning)?

A warning letter, or “Skriftlig Varning” in Swedish, is a formal notice given to an employee by an employer to address misconduct or poor performance.

It serves as an official record that the employee has been made aware of issues regarding their behavior or performance at work, which could later justify them to fire the employee in question (if the misconduct continues).

You might be interested in: Getting fired in Sweden

To be valid, a warning letter must:

  • Clearly state the reasons for the warning.
  • Outline specific incidents or behaviors that have led to the warning.
  • Specify what improvements are expected from the employee.
  • Provide a reasonable timeframe for the employee to make these improvements.
  • Be documented and added to the employee’s personnel file.

As you may probably think already, the primary risk for the employee is that the warning letter could lead to further disciplinary actions, including termination, if the outlined improvements are not made within the specified timeframe.

Unjustified Warning Letter

Employees have the right to contest the validity of the warning letter. Thus, if an employee believes that it is unjustified, they should first address the issue with their supervisor or HR department to discuss and clarify the reasons behind the warning.

If the matter is not resolved, the employee can seek assistance from their union representative, who can provide support and, if necessary, help challenge the warning formally.

If not part of a trade union, the employee might also seek help from a labour law expert to help them contest what they think is an unjustified warning letter.

When Can My Contract Be Terminated by Employer?

In Sweden, an employer can legally terminate an employment contract with objectively justifiable reasons, such as:

  • Economic reasons: Such as downsizing or restructuring that makes the position redundant.
  • Personal reasons: Relating to the employee’s conduct or performance. This must be well-documented and cannot be arbitrary (i.e. contract breach).

According to the Employment Protection Act (LAS), employers must follow due process when terminating an employment contract, which might involve:

  • Providing a legal and valid reason for termination
  • Issuing a notice period before the termination takes effect, the length of which depends on the employee’s tenure at the company.
  • Keep paying the employee’s salary and benefits during notice period
  • If the termination is due to personal reasons, the employer must typically have documented prior attempts to resolve the issues, such as through warning letters
  • Following all other requirements the Swedish labour law states to justifiably fire an employee

And… what if you believe this termination is unfair?

Well.. in that case, employees have the right to dispute a termination they believe to be unjust bringing their case to the Swedish Labour Court with the support of their union or hired legal expert.

Once the case is presented in court, a determination can be made on whether the termination was justified. Depending on the outcome, the court may (or may not) order the employer to pay damages or reinstate the employee if the termination is found to be unjustified.

Collective Agreements

Swedish collective agreements define the work conditions and minimum monthly wages for certain jobs by having trade unions and employers negotiate.

You might be interested in: Trade unions in Sweden

The main goal of these agreements is to improve the working conditions, wages, and benefits according to the needs of different industries and workplaces, making things fairer and more productive.

What separates collective agreements from the Swedish employment law?

Well, even though Swedish labor law sets certain rights, like parental leave and sickness benefits, it doesn’t address other important areas such as minimum wages.

Also, collective agreements might offer better terms than the basic rules under Swedish law.

For instance, Swedish nurses usually get a higher paycheck (30000+ SEK average monthly salary) and better work conditions because of these agreements than what the Swedish law has to offer.

Salaries in Sweden

As mentioned earlier, Swedish labor law doesn’t set a minimum wage. Instead, they are decided through collective agreements in different job sectors.

What does this do?

This approach often results in higher wages for employees, especially in areas with strong unions. However, in sectors with weaker unions or for workers who aren’t covered by these agreements, wages can change a lot based on market conditions and personal negotiations.

You might be interested in: Salaries in Stockholm

Right to be Treated Equally

Women should be treated equally in a Swedish work environment according to the Discrimination Act (Diskrimineringslagen)

Swedish labor law supports the right of an employee to be treated with fairness at work through the Discrimination Act (Diskrimineringslagen).

This act, bans discrimination at work based on gender, race, nationality, ethnic background, religion, disability, sexual orientation, age, or gender identity.

Here’s how both employees and employers must act to make sure this right is upheld:

  • Employers are responsible for actively preventing discrimination and fostering equality in the workplace by setting up policies that discourage discrimination and ensure fair treatment in hiring, promotions, and compensation. They might also have to make reasonable accommodations for disabled employees to help them work effectively.
  • Employees should encourage a respectful and non-toxic environment for their coworkers making the workplace more equitable and inclusive for everyone

Who Enforces this Right?

The Swedish Equality Ombudsman (Diskrimineringsombudsmannen, DO) oversees the enforcement of these laws, ensuring that they are applied effectively across all sectors.

This institution investigates complaints and monitors businesses to ensure compliance with equality laws. If they find any violations, they can issue warnings and impose sanctions to enforce adherence to the laws.

Right to Unemployment Benefits

The right to unemployment benefits is aimed at providing financial support to Swedish employees who find themselves out of work, ensuring they can maintain a decent standard of living while searching for new employment.

But… do all unemployed people get to “take advantage” of this right?

No. Employees must meet certain criteria, such as:

  • having worked a minimum number of hours
  • having contributed to the “Unemployment Insurance Fund” (A-kassa), to qualify for benefits
  • be actively seeking for a job
You might be interested in: Unemployment benefits in Sweden

What Benefits do Unemployed People Get?

For those unemployed people that fit the bill as to be worthy of receiving unemployment benefits, this is what they will get:

  • Financial support
  • Job training programs
  • Career counseling

What Labour Rights Support This Right?

The right to unemployment benefits is primarily supported by the Unemployment Insurance Act (Lagen om arbetslöshetsförsäkring), which outlines the structure and administration of unemployment benefits in Sweden.

Who Enforces this Right?

The enforcement of the right to unemployment benefits is managed by the Swedish Unemployment Insurance Board and the individual unemployment insurance funds, which handle applications and disbursements of benefits.

Trade unions also play a significant role in ensuring their members are aware of and receive their rightful benefits, representing them in disputes and helping navigate the claims process.

Right to Parental Leave

Swedish labor law allows employees to take parental leave under the Parental Leave Act.

This right ensures that both mothers and fathers can take leave for pregnancy, childbirth, and to care for their child, guaranteeing the rights to both paid and unpaid leave depending on the circumstances and length of employment.

You might be interested in: Parental allowance in Sweden

Here’s how both employees and employers must act to make sure this right is upheld:

  • Employers are required to grant parental leave upon request, provided that the employee notifies them in advance according to the specified timelines, usually at least two months before the intended leave. Employers should normally have to facilitate the return of employees to their previous positions or similar roles with equivalent terms of employment after the leave period ends.
  • Employees must communicate their leave in accordance with the law and their workplace policies. This includes specifying the duration and type of leave they intend to take. Employees are expected to cooperate with employers to ensure a smooth transition and minimal disruption to the workplace operations during their absence.

Who Enforces this Right?

The Swedish Social Insurance Agency (Försäkringskassan) is primarily responsible for administering benefits related to parental leave, ensuring that parents receive the appropriate financial support during their leave.

What Rights Does a Pregnant Woman Have at Work in Sweden?

In Sweden, pregnant women are protected under the Swedish Discrimination Act and other relevant laws, such as the Parental Leave Act.

Here’s a summary of these protections:

  • Protection Against Discrimination: The Discrimination Act prohibits discrimination based on gender, which includes pregnancy. Employers cannot treat women unfavorably or make employment decisions based on their pregnancy.
  • Risk Assessment: Employers are required to conduct risk assessments to ensure that the work environment is safe for pregnant employees. If any risks are identified, employers must take measures to eliminate them.
  • Job Security: During pregnancy and parental leave, the employee’s job is protected. The employer cannot dismiss a pregnant employee because of her pregnancy or use her leave as a reason for termination.
  • As explained, pregnant women are also covered by the Parental Leave Act which allows them to have paid and unpaid leave to take care of their children and themselves

Right to Regulated Working Hours

Swedish labor law protects the right of an employee to have controlled working hours under the Working Hours Act (Arbetstidslagen).

This law sets clear rules for the maximum number of hours you can work (40 hours), including limits on overtime, and requires that employees get mandatory breaks and rest periods.

You might be interested in: Working hours in Sweden

Here’s what’s expected from both employers and employees to make sure the right to regulated working hours remains respected:

  • Employers are responsible for ensuring compliance with these regulations which might mean accurately tracking working hours and providing mandatory breaks and rest periods. They must also adhere to rules specific to night work and overtime pay (which is negotiated through collective agreements).
  • Employees should adhere to their scheduled working hours and cooperate with employers in following the stipulations of the Working Hours Act. They should also report any discrepancies or violations of this act to ensure that their rights to fair working hours are maintained.

Who Enforces this Right?

The Swedish Work Environment Authority (Arbetsmiljöverket) oversees the enforcement of the Working Hours Act ensuring that employers comply with the rules regarding working hours and takes action against violations.

They conduct inspections, review employer records, and can issue fines or other penalties to enforce compliance. This oversight helps ensure that all employees have their rights to regulated working hours protected.

Work Breaks

Swedish labor law ensures that employees receive necessary breaks during their workday.

How do these break work?

Well, the law says that if you work more than five hours a day, you are entitled to a break. The specifics can vary based on collective bargaining agreements at your workplace, but the standard is a rest break after five hours of work.

Employees are supposed to have a minimum daily rest period of 11 consecutive hours within a 24-hour period and at least 36 consecutive hours of rest every seven days, typically aligned with weekends.

Do I Have to do Overtime Whenever my Swedish Employers Ask?

Your participation in overtime work should generally be voluntary and is regulated both by the Working Hours Act and often by collective bargaining agreements specific to your sector.

You might be interested in: Overtime in Sweden

And, if you are asked to work overtime, it should be within the legal limits of up to 48 hours per week averaged over a four-month period, and you should receive appropriate compensation for it.

In other words: overtime is compensated at a higher rate, typically 50%-100% over your regular pay rate, depending on the time and amount of overtime worked.

Right to Sickness Benefits

Swedish labor law guarantees that employees who can’t work because of illness receive financial support through sickness benefits, as outlined in the Swedish Social Insurance Code (Socialförsäkringsbalken).

You might be interested in: Sickness benefits in Sweden

As for the specifics, eligible employees receive compensation at approximately 80% of their usual salary, up to a cap set by the Social Insurance Agency.

Here are the rights and obligations surrounding sickness leave in Sweden for both employers and employees:

  • Employers are responsible for paying sickness benefits the first 14 days the employee is sick and also for facilitating the process for employees to claim sickness benefits. Employers are expected to also support the employee in their return to work, often involving adaptations to the workplace or work duties if needed based on medical advice.
  • Employees must notify their employer as soon as possible about their illness and provide a medical certificate if the sickness lasts longer than seven days.

Who Enforces this Right?

The Swedish Social Insurance Agency (Försäkringskassan) makes sure that employees get their sickness benefits properly and on time by handling claims, checking if people are eligible, and paying out the benefits.

It also works to stop any misuse of the system and makes sure that both employers and employees follow the rules for sickness benefits.

You might be interested in: Sick leave in Sweden

What Do I Do If I’m Sick and Unable to Work?

Here’s what you need to do to make sure you get your sick benefits:

  1. Notify Your Employer: As soon as you realize you are too sick to work, inform your employer. This is usually required on the first day of your absence.
  2. Visit a Doctor: If your illness lasts more than seven days, you will need a medical certificate from a doctor to show that you are unable to work and to qualify for sickness benefits.
  3. Submit a Claim: File a claim with the Swedish Social Insurance Agency (Försäkringskassan) to receive sickness benefits if your sickness lasts more than 14 days
  4. Follow-Up: Keep any appointments and follow medical advice to ensure a full recovery. Keep your employer updated on your status, especially if your return to work date changes.

What Happens if I Get Injured at Work in Sweden?

In Sweden, all employees are protected by personal injury insurance during work hours and when traveling for work. This insurance covers any injuries that happen while working, ensuring that employees have financial support if they get hurt on the job.

As we explained earlier, if an injury prevents an employee from working, they will receive 80% of their daily salary from their employer for the first 2 to 14 days after the injury. Starting from the 15th day, the Social Insurance Agency will provide sickness benefits to the injured employee.

What is a work injury?

But… before moving forward, let’s clear up what actually constitutes a work injury.

In Sweden, a work injury, or “Arbetsolycka,” includes any harm or illness that happens while you’re working or doing job-related activities. This could be an accident at your workplace, somewhere else while on duty, or an illness caused by your work conditions.

What happens to the employee?

Well, besides dealing with an injury, there are a couple of things the employee must do to make sure they receive proper coverage:

  • See a doctor who will provide medical assistance and (whenever it’s suitable) assess whether the injury is related to your work or not
  • Inform the employer if they are not yet aware of the injury
  • Adhere to the medical treatment prescribed by your healthcare provider to qualify for ongoing insurance coverage.

What happens to the employer?

Swedish work laws states that employers must not only provide a safe working environment but also actively take steps to prevent any accidents.

But… if an injury does occur, the employer is obligated to document the incident and report it to the Swedish Work Environment Authority (Arbetsmiljöverket) and the insurance provider, guarantee that the employee receives necessary medical attention, and assist in the employee’s rehabilitation and return to work.

They will also need to pay sickness benefits for the first 14 days of the injury if the employee is unable to work due to the injury.

Who Covers the Costs?

Employers in Sweden are required to contribute to work injury insurance through their social security payments.

This insurance (part of the extensive Swedish social insurance system) will be responsible for paying the costs of coverage for employees suffering from work-related injuries, ensuring they are not left to manage alone.

Right to Paid Vacations in Sweden

Swedish labor law ensures that every employee has the right to paid vacation, as established by the Swedish Annual Leave Act (Semesterlagen).

You might be interested in: Vacations for employees in Sweden

Under this law, employees earn 25 days of paid vacation each year starting from their first year of employment.

In that context, employers are expected to make sure that all employees take their full vacation entitlement. They are also responsible for providing vacation pay.

On the other hand, employees should request their vacation days well in advance and work with their employers to fit vacation time into the company’s schedule. It’s important to use up our vacation days within the year they are accrued or according to any agreement on carrying over the days to the next year.

Who Enforces this Right?

The Swedish Work Environment Authority (Arbetsmiljöverket) and Swedish courts are in charge of making sure that the Annual Leave Act is followed.

Frequently Asked Questions

Can I Have a Second Job in Sweden?

Yes, in general, you can have a second job in Sweden. I mean, there are no Swedish labour laws that say that you can’t have a second job in Sweden (referred to as an “extrajobb” or “bisyssla.”).

You might be interested in: How to find a job in Sweden?

However, employers can restrict you from taking a second job if it creates a conflict of interest or if it’s likely to impair your performance in your primary job.

For instance, working for a competitor or in a position that might make you too tired to perform your main job effectively could be grounds for such restrictions.

These restrictions are typically set by individual agreements or collective bargaining agreements, which is why I always recommend that employees first check their employment contract and any relevant agreements.

What does Swedish labour law say about these “restrictions”?

The law aims to balance the employer’s need to maintain productivity with the employee’s rights to freedom of employment.

However, it’s important to know that these restrictions should be properly justified by employers to ensure they are reasonable and legally defensible.

What if you hold a work visa?

If you’re an employee with a work visa and residence permit, it’s crucial to make sure that taking a new job doesn’t violate the terms of your visa, as this could put it at risk. I recommend consulting the Swedish Migration Agency for guidance on this matter.

What Happens if I Work Illegally in Sweden?

Working illegally in Sweden can have serious consequences for both the employee and the employer.

But… what is to work illegally in Sweden?

This includes working without the necessary work permits (particularly for non-EU citizens), failing to register for tax and social security, or violating the terms of your visa or residence permit.

And what are the risks involved?

Well… here’s an overview of the possible risks and penalties:

  • Consequences for Employees: Employees caught working illegally may face penalties ranging from fines to imprisonment. For those without the proper residence title or entitlement to employment, the consequences can be severe, including deportation. Additionally, illegal workers often experience exploitation, such as extremely low wages and poor living conditions
  • Consequences for Employers: Employers who hire individuals illegally face significant risks. They can be fined up to several hundred thousand euros and, in severe cases, may even face imprisonment.

Where Can I Find Help and Support?

Here are a few official institutions you can contact to clear up questions you got about Swedish labour rights:

About The Author

Marco

I’m Marco, an expat who has lived and thrived in Sweden. My mission is to use my firsthand knowledge to make your relocation and adaptation to Swedish life as smooth and stress-free as possible.

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