Vinge Dude Diligence – for improved gender equality

Injuries while working from home were not considered occupational injuries SAC case No. 441-22 and 3375-22

Two workers sought medical treatment after suffering dental injuries while working from home. They then applied for compensation for their treatment costs under the occupational injury insurance scheme. Although the work from home had been done at the request of their respective employers, the Swedish Supreme Administrative Court (Sw. Högsta förvaltningsdomstolen) (the "SAC") held that the injuries could not be classified as occupational injuries, as they were related to private life. They were therefore not covered by the occupational injury insurance and the claims for compensation were rejected.

The employee side has claimed that a notice of termination document is falsified. The Labour Court has ruled on, among other things, the burden of proof – AD 2023 No. 18

The Swedish Construction Workers’ Union (Sw. Svenska Byggnadsarbetareförbundet) brought an action before the Swedish Labour Court (Sw. Arbetsdomstolen), claiming damages on behalf of its member, alleging that the employer had fabricated a false notice of termination document. The Labour Court found that the employer had made it at least predominantly likely (Sw. övervägande sannolikt) that the notice of termination document was genuine and had proved (Sw. styrkt) that the employee had handed it over to the employer. The action brought by the Construction Workers’ Union was thus dismissed.

Employees in managerial positions and the Swedish Employment Protection Act (1982:80)

The main rule is that the EPA shall apply to all employments in Sweden. However, there are explicit exemptions in the EPA that exempt certain employees from most of the provisions. One of these exemptions is applicable to employees in managerial or comparable positions. But how do you determine if someone holds a managerial position? What is essential for the assessment of the applicability of the exemption?

Updates in labour migration regulation

On 4 May 2023 the Swedish Government, together with its co-operative party the Sweden Democrats, presented a proposal to raise the salary threshold for obtaining a work permit from the current SEK 13,000 per month to SEK 26,560 per month.

Sweden supports Danish annulment action of the EU Minimum Wage Directive

Considering the Swedish Government’s commitment to preserve the Swedish model, wherein wages are collectively bargained by the parties on the labour market, the Government has taken the decision to align with Denmark’s efforts in seeking the annulment of the Minimum Wage Directive.

New partners and counsels at Vinge’s Stockholm office

Six new partners, seven new counsels and one Chief Economist at Vinge’s Stockholm office.

Vinge is awarded Sweden Law Firm of the Year 2023 by Chambers & Partners

The award, Chambers Europe Award for Excellence – Sweden Law Firm of the Year 2023, is one of the foremost awards a Swedish law firm can be awarded. Vinge has previously received the award on five occasions, most recently in 2021.

Vinge top ranked in 16 practice areas in Legal 500

Vinge has been awarded top ranking in 16 out of 20 categories in Legal 500’s rankings for 2023, which were released on Wednesday.

Increased retirement age

Since 1 January 2023, according to the EPA, an employee is entitled to remain employed until the age of 69, compared to the previous age of 68. This entails that an employer does not need objective reasons to terminate the employment of an employee who has turned 69 years old.

Focus on work environment

The Swedish Prosecution Authority has raised concerns about an increase in the number of employers and companies being prosecuted for violations of occupational health and safety regulations in recent years.

Updates in labour migration regulation

In February 2022, the Government presented the bill designated as "Tightened and improved rules on labour immigration 2021/22:134". Pursuant to this bill, the Government proposes new rules aimed to discourage the exploitation of labour migrants but also at retaining international expertise in Sweden.

Part-time firefighters have priority right to a higher employment rate AD 2022 No 29

Four firefighters on standby employed according to the so-called RiB agreement, notified their employer - a civil protection union - that they wanted a higher employment rate according to section 25a of the Employment Protection Act. The employer subsequently employed 16 full-time firefighters without offering the firefighters on standby a higher employment rate. The parties agreed that the four firefighters had sufficient qualifications for the full-time vacancies. The Labour Court found that the four firefighters on standby were part-time employees within the meaning of section 25a of the Employment Protection Act and that the employer breached the provision by not offering them any of the vacant full-time jobs.

The Labour Court: Unlawful blockade warning against Russian-linked ships made by Swedish Dockworkers Union AD 2022 No 33

On two occasions, the Swedish Dockworkers Union has warned of a blockade against ships to and from Russia and against Russian-flagged, Russian-owned and Russian-controlled ships that are currently not sailing in Russian ports. The Swedish Dockworkers Union argued that the blockade should be regarded as a lawful industrial action as it was primarily an act of sympathy and in solidarity with, among others, Ukrainian dockworkers. Secondly, the blockade should be considered as a form of legitimate political industrial action. However, the Ports of Sweden disagreed, which the union is bound by a collective bargaining agreement with. Following an application for an interim decision on the matter, the Labour Court found that the Swedish Dockworkers Union had failed to show that it was likely that there was a primary trade union conflict in Ukraine. The blockade could not be regarded as a lawful sympathy act. Furthermore, the Labour Court found that the blockade could not be considered as a form of lawful political industrial action as the blockade lacked the character of a protest and demonstration action due to the period of time the blockade would last and the not insignificant impact it would have on the business management rights for the Ports of Sweden’s member companies.

Changes to the Swedish Employment Protection Act and other labour laws

In recent years, the modernisation and reform of Swedish labour law has been a constant topic in the political debate. Earlier this year, Government Bill 2021/22:176, entitled "Flexibility, adaptability and security in the labour market", was presented. The bill, which is based on an agreement between the social partners, proposes legislative changes to a total of 21 labour laws. On 8 June 2022, the Swedish Parliament voted through the proposal, which will bring major changes to Swedish labour law. The majority of the proposed changes will enter into force on 30 June 2022 and will apply for the first time on 1 October 2022. In this detailed analysis, we will outline the most important changes to the Employment Protection Act (1982:80) ("EPA") and the Agency Work Act (2012:854).

New partners and counsel appointed at Vinge’s Malmö and Stockholm offices

Advokat Daniel Daun and advokat Victor Ericsson at Vinge’s Malmö and Stockholm offices respectively have been appointed as new partners as of 1 January 2023. Jacob Jeanrond, Caroline Krassén, Henrik Schön, Maria Dahlin Kolvik, Sara Strandberg and Linn Adelwald have been elected as counsel at Vinge’s Stockholm office.