Navigating working time regulations is crucial for employers operating in Sweden. Swedish labor law, primarily governed by the Working Hours Act (Arbetstidslagen), sets out the framework for standard working hours, overtime, rest periods, and other related aspects of employment. While collective agreements (kollektivavtal) often supplement or modify these statutory rules, understanding the basic legal requirements is essential for compliance and ensuring fair treatment of employees.
These regulations aim to protect employee health and safety by limiting working hours and ensuring adequate rest. Employers must adhere to these rules, whether based on the Working Hours Act or applicable collective agreements, to avoid potential legal issues and maintain a positive working environment. Compliance includes properly tracking working hours and ensuring compensation and rest entitlements are met.
Standard Working Hours and Workweek Structure
The standard working time under the Working Hours Act is a maximum of 40 hours per week. This average is calculated over a period of up to four weeks. However, many collective agreements stipulate shorter standard working weeks, often around 37.5 or 38.5 hours. The specific structure of the workweek (e.g., five 8-hour days) is often determined by collective agreements or individual employment contracts, within the limits set by law.
Overtime Regulations and Compensation
Overtime refers to work performed beyond the standard working hours. The Working Hours Act limits the amount of overtime an employee can work. Ordinary overtime is limited to a maximum of 48 hours over a four-week period or 50 hours in a calendar month, with a total cap of 200 hours per calendar year. Additional overtime (extra övertid) may be permitted in exceptional circumstances, up to a further 150 hours per year, but only if there are special grounds and it does not risk employee health.
Compensation for overtime is typically higher than the standard hourly wage. The specific rates are usually determined by collective agreements. Common methods of compensation include:
- Increased hourly wage: Often a percentage increase (e.g., 50% or 100%) on top of the base wage, depending on when the overtime is worked (e.g., weekdays vs. weekends/nights).
- Time off in lieu: Employees may agree to receive compensatory time off instead of monetary payment for overtime hours. The conversion rate is often more than one hour of time off for one hour of overtime worked (e.g., 1.5 hours of time off per overtime hour).
The choice between monetary compensation and time off in lieu is often subject to agreement between the employer and employee, or governed by collective agreements.
Rest Periods and Break Entitlements
Swedish law mandates specific rest periods and breaks to ensure employee well-being.
- Daily Rest: Employees are entitled to at least 11 consecutive hours of rest during every 24-hour period.
- Weekly Rest: Employees are entitled to at least 36 consecutive hours of rest during every seven-day period. This rest period should ideally include a weekend (Saturday or Sunday).
- Breaks (Raster): Employees are entitled to breaks of a reasonable length. Breaks are unpaid periods where the employee is free to leave the workplace. The timing and duration of breaks are often determined by the nature of the work and collective agreements, but typically include a lunch break.
- Short Pauses (Måltidsuppehåll/Fikapauser): In addition to breaks, employees are entitled to shorter pauses within their working day. These are paid and considered part of working time. Employees must remain available at the workplace during these pauses.
Night Shift and Weekend Work Regulations
While there are no specific statutory premium rates for night or weekend work under the Working Hours Act, collective agreements almost always provide increased compensation or time off for work performed during unsocial hours.
- Night Work: The Working Hours Act defines night time as the period between 10 PM and 6 AM. Employees who regularly work at least three hours of their daily working time during this period, or who are likely to work at least a third of their annual working time during this period, are considered night workers. Employers must ensure night workers do not work more than an average of 8 hours per 24-hour period over a four-month reference period. Night workers are also entitled to health assessments.
- Weekend Work: Work on weekends is common in many industries. Compensation and scheduling for weekend work are primarily regulated by collective agreements.
Working Time Recording Obligations
Employers in Sweden have a legal obligation to keep records of working hours. This is crucial for demonstrating compliance with the Working Hours Act and any applicable collective agreements. The records must show:
- The total amount of ordinary working time.
- The amount of overtime worked.
- The amount of additional overtime worked.
- Compensation provided for overtime (monetary or time off).
These records must be kept available for inspection by the Swedish Work Environment Authority (Arbetsmiljöverket) for at least five years. Accurate time recording is fundamental to ensuring employees are correctly compensated and that working time limits and rest entitlements are respected.
