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Sweden - Working time - 2011


LAST UPDATE

4 October 2012

SOURCES


Name of Act

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Name of Act

Hours of Work Ordinance of 1982, Svensk författningssamling 1982:901, as amended up to 2000 (SFS 2000:1080).

Name of Act

Act on the hours of work and other conditions of work of domestic employees of 1970, Svensk författningssamling 1970:943, as amended up to 2008.

Name of Act

Regulation of the National Board of Occupational Safety and Health on young workers and recommendations on the application of the Regulation,
of 1996.

Name of Act

Name of Act

Act prohibiting discrimination against part-time workers and employees with fixed-term contracts of 2002 (SFS 2002:293) as amended up to 12 May 2008.

Name of Act

Law 253 of 1989 on Public Holidays, as amended up to 2004 (2004:1320). Lag (1989:253) om allmänna helgdagar.

LEGAL DEFINITIONS


Overtime/overtime work

"Overtime work" comprises working hours in excess of regular working hours and and on-call hours.
Working Hours Act S.7

Part-time work(er)

"Part-time worker" shall mean an employee whose regular working hours during one week or another period shorter than one year are less than the working hours for a comparable employee who according to contract or statute is deemed to work full time.
Act prohibiting discrimination against part-time workers S.2

Night work(er)

"Night work" shall mean the work which is performed in the interval between 22.00 and 06.00.

"Night worker" means a person who normally performs at least three hours of her or his working shift during the night or will probably perform at least one third of her or his annual working time during the night.
Working Hours Act S.13a

On-call work

"On-call hours" is the time during which the employee remains at the employer´s disposal at the workplace in order to carry out work if necessary.

"Stand-by" is the time during which the employee remains at the employer´s disposal outside the workplace in order to carry out work if necessary.
Working Hours Act S.6,14

Domestic worker

"Domestic work" shall mean the work which is performed by an employee in the employer’s household, provided that the employee is not a member of the employer´s family except where the employee performs personal assistance services concerning support and service to a disabled.
Act on the hours of work and other conditions of work of domestic employees S.1

Young worker

A person who has not yet reached the age of 18 years.
Regulation of the National Board of Occupational Safety and Health on young workers

NORMAL HOURS LIMITS


Daily hours limit


General limit

(No general daily limit)
Historical data (year indicates year of data collection)
  • 2009: (No general daily limit)

Special categories


» Night work

Night working hours shall not exceed 8 hours per day on average during a reference period of at most four months.

To this respect, annual leave, sick leave and other periods on which the worker would otherwise have worked shall be counted as working hours performed.
Working Hours Act S.13a
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Weekly hours limit


General limit

Regular working hours may not exceed 40 hours per week.
Working Hours Act S.5
Historical data (year indicates year of data collection)
  • 2009: 40 hours
  • 2007: 40 hours
  • 1995: 40 hours.

Reference period(s)

Where the nature of work or working conditions generally so demand, working hours may amount to on average 40 hours per week for a period of not more than four weeks.
Working Hours Act S.5

Exceptions

Weekly working hours may be amounted up to 48 hours on average over a calculation period of maximum 4 months.
To this respect, annual leave, sick leave and other periods on which the worker would otherwise have worked shall be counted as working hours performed.

The general weekly limit of 40 hours does not apply to a worker who holds a managerial or comparable position.

Deviations from these provisions may be made through collective bargaining agreements concluded or approved by a central employees organisation.
Working Hours Act S.2,3, 10a
Hours of Work Ordinance

Special categories


» Young workers

40 hours
Regulation of the National Board of Occupational Safety and Health on young workers §8

» Domestic work

Regular working hours shall not exceed 40 hours a week on average, for a maximum period of four weeks.

However in tasks concerning the care of a children or other member of the household, the weekly limit may be extended 12 hours per week on average over a period of 4 weeks.
Act on the hours of work and other conditions of work of domestic employees S.2

OVERTIME WORK


Criteria for overtime


General

"Overtime work" comprises working hours in excess of regular working hours and and on-call hours.

When calculating overtime, compensatory rests or other leaves of absence that are taken during the employee’s regular working hours or on-call hours shall be deemed to be the equivalent of completed regular working hours or on-call hours.
Working Hours Act S.7

Limits on overtime hours


General limits

When there is a special need of performance overtime work, the employer may require the performance of not more than 48 hours over a 4 week period, 50 hours in one calendar month, and up to 200 hours per year. (General overtime)
Working Hours Act S.8
Historical data (year indicates year of data collection)
  • 2009: 200 hours per year, 48 hours over a 4 week period or 50 hours in 1 month.
  • 2007: 200 hours per year Maximum weekly limit of 48 hours on average over a 4 week period or 50 hours over a 1 month period.
  • 1995: Maximum : 48 hours per 4 weeks or 50 hours per calendar month and 200 hours per year.

Restrictions/exceptions

The employer may request the employee the performance of overtime work beyond the limits of general overtime, if there are special and reasonable reasons that demands the performance of extra work, and where the general overtime was insufficient to cover such work. (Extra overtime)

Extra overtime may be requested up to a limit of 150 hours per employee and during a calendar year, provided that the duration of general and extra overtime together does not exceed 48 hours over a 4 week period and 50 hours in one calendar month.

Overtime work may be performed in a duration as long as necessary, where a natural disaster or accident, or other similar circumstance that could not have been foreseen by the employer has caused an interruption in business or caused imminent danger of such interruption, or injury to life, health or property.(Emergency overtime)

In that case, emergency overtime may be performed up to a limit of 48 hours from the commencement of the working activity or longer, under the authorisation of the Swedish Work Environment Authority.

Deviations from these provisions may be made through collective bargaining agreements concluded or approved by a central employees organisation.
Working Hours Act S.8a,9

Compensation for overtime work


Overtime rate(s)

Determined by collective agreement.
Historical data (year indicates year of data collection)
  • 1995: Determined by collective agreement.

Special categories


Domestic work

When there is a special need of performance overtime work, the employer may require the performance of not more than 48 hours over a 4 week period and up to 300 hours per year.

Overtime shall be compensated in cash unless compensatory rest is agreed between the parties.
Act on the hours of work and other conditions of work of domestic employees S.3,7

SCHEDULES


General

Any employer who engages an employee for work that is not of a temporary nature shall give the employee not less than two weeks’ notice of changes concerning the disposition of regular working hours and on-call hours.
However, shorter notice may be given if warranted by the nature of the activity or unforeseeable events.
Working Hours Act S.12

REST PERIODS


Rest breaks


General provisions

Workers shall be provided with "rest intervals" during which employees are not obliged to remain at the workplace after 5 consecutive hours of work.
The number, duration and schedule of the rest intervals must be informed in advance by the employer.

The employer must organise work so as to enable employees to take "rest breaks" in addition to rest intervals, time which shall be considered working time.

Rest intervals may be substituted by meal breaks at the workplace when required by the working conditions, or exceptionally due to the illness of a worker or other events that the employer could not have foreseen. In that case, meal breaks shall be included in the calculation of working time.
Working Hours Act S.15,16
Historical data (year indicates year of data collection)
  • 2009: Rest breaks after 5 hours consecutive work.
  • 2007: The employer shall give advance notice of the length and distribution of any rest breaks as accurately as the circumstances permit
  • 2007: Rest breaks after 5 hours consecutive work
  • 1995: A break after 5 hours.

Special categories


» Young workers

30 minutes if the work is longer than four hours.
Regulation of the National Board of Occupational Safety and Health on young workers §11

» Domestic work

The provisions on rest breaks as provided for in the Working Hours Act do not apply to work performed in the employer’s household.
Working Hours Act S.2

Daily rest periods


Duration

All employees are entitled to at least 11 consecutive hours of daily rest that shall include the hours between 00.00 and 05.00.
Working Hours Act S.13
Historical data (year indicates year of data collection)
  • 2009: Workers are entitled to rest between 12.00 p.m. and 5.00 a.m.
  • 2007: Workers are entitled to rest break between 12.00 p.m. and 5.00 a.m.
  • 1995: Must be provided for and include the times between 24.00 and 05.00.

Exceptions

Exceptions to the duration of the daily rest may be made temporarly, provided this is caused by some special circumstance that it was not possible to anticipate by the employer, subject to the precondition that the employee is given corresponding compensatory rest.

Exceptions to the compulsory rest period during daily rest may be made if the work, having regard to its nature, the needs of the general public or other special circumstances, must be carried out between 00.00 and 05.00.
Working Hours Act S.13

Special categories


» Young workers

At least 12 hours for young workers between 16 and 18 years of age old, having completed compulsory schooling. Shall either be between 10.00 p.m. and 6.00 a.m. or 11.00 p.m. and 7.00 a.m.
Regulation of the National Board of Occupational Safety and Health on young workers §8

» Domestic work

Domestic workers shall enjoy necessary time off during the night. If possible, this period should include the interval between 00.00h and 05:00h.
Act on the hours of work and other conditions of work of domestic employees S.9

Weekly rest periods


Duration


» General

Employees are entitled to not less than 36 consecutive hours of weekly rest.
Working Hours Act S.14
Historical data (year indicates year of data collection)
  • 2009: 36 consecutive hours.
  • 2007: 1 day
  • 1995: 36 consecutive hours per 7 days.

» Exceptions

Temporary exceptions from the general duration of weekly rest may be made where required by special circumstances that the employer could not have foreseen.
In that case the employee shall be provided with compensatory rest.
Working Hours Act S.14(3)

Day specified


» General

Weekly rest shall take place at weekends, to the extent possible.
Working Hours Act S.14(2)

Special categories


» On-call work

During the weekly rest period, the worker cannot be required to remain at the employer’s disposal outside the workplace (stand-by) in order to carry out work should the need arise.
Working Hours Act S.14

» Domestic workers

Employees shall be provided with at least 36 consecutive hours of weekly rest. As far as possible, the weekly rest period should be enjoyed in the weekend.
Act on the hours of work and other conditions of work of domestic employees S.9

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Duration


» General

An employee shall be entitled to 25 days of annual leave in every annual leave year.
If the employment commenced after 31 August during the annual leave year, the employee shall only be entitled to five days of annual leave.
Annual Leave Act S.4
Historical data (year indicates year of data collection)
  • 2009: 25 days per year 5 days if the employment started after 31 August.
  • 2007: 25 days per year 5 days if the employment started after 31 August.
  • 1995: 25 days.

» Exceptions

In the case of employment that is intended to last less than three months, and provided the work does not exceed that time, it may be agreed not providing days off and instead compensation in lieu.
Annual Leave Act S.5

Payment


» Amount

Holiday pay for an employee remunerated per week or per month shall be calculated in accordance with the weekly or monthly wage to which he was entitled at the moment of commencement of the annual leave.

Holiday pay according to the percentage rule, that is 12 per cent of the earned wages during the qualifying year, is calculated by the employer in cases where:
1. wages are not determined per week or month,
2. the wage regularly comprises a fixed and variable component, and the variable component amounts 10 per cent or more of the total remuneration during the qualifying year,
3. the level of employment has varied during the qualifying year, or
4. the worker has been absent during the qualifying year for reasons not given entitlement to holiday pay.
Annual Leave Act S.16, 16a, 16b

Schedule and splitting

Unless otherwise agreed, annual leave dates shall be scheduled so that the employees have at least four weeks’ annual leave during the period June to August. The leave period may be scheduled for some other time, even in the absence of agreement, if there are special reasons.

The employer shall consult the employees with respect to the scheduling of other annual leave dates if negotiations with the employees’ organisation have not taken place. If agreement cannot be reached, the employer shall decide when the leave shall be taken.

If the employer decides to schedule the annual leave other than as agreed with the employee or the employee’s representative, the employer shall notify the employee at least 2 months before the commencement of the leave.

An employee who is entitled, during the course of an annual leave year, to more than twenty days of annual leave with pay, may carry over one or more remaining days to a subsequent annual leave year.
Annual Leave Act S.10,11,12(a)(b),18

PUBLIC HOLIDAYS


Number and dates

13 days:
New Year’s Day, January 1; Epiphany, January 6; Good Friday; Easter Sunday; Easter Monday; International Workers’ Day, May 1; Ascension Day, Sixth Thursday after Easter Sunday; Pentecost, Seventh Sunday after Easter Sunday; National Day of Sweden, June 6; Midsummer’s Day, The Saturday during the period 20–26 June; All Saints’ Day, The Saturday during the period 31 October–6 November; Christmas Day, 25 December; Boxing Day, 26 December.
Law on Public Holidays S.2

PART-TIME WORK


General provisions

"Part-time worker" shall mean an employee whose regular working hours during one week or another period shorter than one year are less than the working hours for a comparable employee who according to contract or statute is deemed to work full time.
Act on the hours of work and other conditions of work of domestic employees S.2

Limits


Overtime work

In the context of part-time work, additional working hours shall mean the working hours that exceed the employee’s regular working hours and on-call hours under the employment contract.

To this respect, where there is a special need for increase working hours, the part-time workers may carry out up to 200 hours over a calendar year. (General additional hours)

Additional hours may also be performed in a duration as long as necessary, where a natural disaster or accident, or other similar circumstance that could not have been foreseen by the employer has caused an interruption in business or caused imminent danger of such interruption, or injury to life, health or property.(Emergency overtime)

In that case, emergency overtime may be performed up to a limit of 48 hours from the commencement of the working activity or longer, under the authorisation of the Swedish Work Environment Authority.
Working Hours Act S.10

Right to equal treatment


Right/scope

An employer may not disfavour an employee working part time directly or indirectly by applying less beneficial pay or other terms and conditions of employment than the employer applies or should have applied for employees in a similar situation who work full time, unless the employer demonstrates that the disfavour is not related to the part-time work.

This prohibition does not apply if the application of the conditions is justified on reasonable grounds.
Act prohibiting discrimination against part-time workers S.3,4

NIGHT WORK


Criteria for night work

"Night work" shall mean the work which is performed in the interval between 22.00 and 06.00.

"Night worker" means a person who normally performs at least three hours of her or his working shift during the night or will probably perform at least one third of her or his annual working time during the night.
Working Hours Act S.13a

Limits


Daily hours limit

Night working hours shall not exceed 8 hours per day on average during a reference period of at most four months.

To this respect, annual leave, sick leave and other periods on which the worker would otherwise have worked shall be counted as working hours performed.
Working Hours Act S.13a
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SHIFT WORK

Statutory legal provisions have been not identified.

ON-CALL WORK


Criteria

"On-call hours" is the time during which the employee remains at the employer´s disposal at the workplace in order to carry out work if necessary.

On-call time may be scheduled by the employer where the nature of the work so demands.

On-call hours shall not be deemed to include time spent by the employee carrying out work on the employer’s behalf.

"Stand-by" is the time during which the employee remains at the employer´s disposal outside the workplace in order to carry out work if necessary.
Working Hours Act S.6, 14

Limits


Weekly limit

On-call hours may be scheduled up to a limit of 48 hours per employee over a four-week period or 50 hours over a calendar month.
Working Hours Act S.6

Weekly rest period

During the weekly rest period, the worker cannot be required to remain at the employer’s disposal outside the workplace (stand-by) in order to carry out work should the need arise.
Working Hours Act S.14(1)

FLEXITIME

Statutory legal provisions have been not identified.

CASUAL WORK

Statutory legal provisions have been not identified.

SHORT-TIME WORK/WORK-SHARING

Statutory legal provisions have been not identified.

RIGHT TO CHANGE WORKING HOURS

Statutory legal provisions have been not identified.

INFORMATION & CONSULTATION


Information

The employer shall inform workers with at least 2 weeks in advance about changes concerning the schedule of regular working hours or on-call hours.
Working Hours Act S.12

Results generated on: 19th April 2024 at 04:31:57.
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