The consequences of non-compliance under the Posted Workers Directive in Sweden

Consequences of Non-Compliance:

If an employer fails to report a posted worker in Sweden as mandated by the Posted Workers Directive, several legal and administrative repercussions may occur:

Penalties and Fines:

Employers who do not meet the reporting requirements face fines or other administrative penalties enforced by Swedish authorities like the Swedish Work Environment Authority (Arbetsmiljöverket) and the Swedish Tax Agency (Skatteverket).

Sanction Fees:

A standard sanction fee of SEK 20,000 may be imposed for failing to report the posting, not designating a contact person, or failing to timely provide necessary documentation. These fees can total up to SEK 60,000 for multiple infractions.

Legal Proceedings:

Non-compliance might lead to further legal actions and impact the employer’s operational capabilities in Sweden.


Penalty Process:

Fee Injunction:

Upon non-compliance, the employer receives a fee injunction to pay the specified sanction fees. Payment instructions are provided by the county administrative board in Stockholm.

Objections and Reviews:

If an employer objects to a sanction fee, Arbetsmiljöverket reviews the objection. If rejected, the case may be escalated to court.

Injunctions for Compliance:

If reporting inaccuracies or omissions occur, Arbetsmiljöverket may issue an injunction requiring the employer to correct the deficiencies. Failure to comply may result in additional fines or legal action.

Notification and Response:

Employers are notified and given a chance to respond before any final decisions are made by Arbetsmiljöverket. Acceptance of corrections can avert further penalties, while rejection leads to finalized decisions and potential court involvement.


Importance of Compliance:

Strategic Advantage: Complying with the Posted Workers Directive ensures legal operation within Sweden and offers competitive advantages in European markets, aiding in securing projects and government contracts.

Universal Applicability: The directive applies to all business sizes, emphasizing its relevance to every employer working with posted workers in Sweden.

By adhering to these reporting obligations, employers can avoid significant penalties and enhance their operational compliance and competitiveness in the European market.