New regulation regarding employer’s obligation to provide information and parallel employment

In March 2022, the Government presented a proposal for a new regulation on extended obligations regarding information about employment conditions and new clarifying rules on workers' rights to parallel employment under certain conditions. The updated regulation is based on a directive from European Union called “transparent and predictable working conditions in the European Union”.

According to the Employment Protection Act (Sw. lag om anställningsskydd (1982:80)) employers already have an obligation to give information in writing to an employee regarding the employment terms and conditions that are essential for employment. As of 29 June 2022, the employer’s obligation to provide information is extended and includes more information than before. The purpose is to improve transparency and predictability in the employment relationship.

The information the employer must provide in writing, in addition to the current legislation, includes:

  • the place of work or if there is no fixed or main place of work, the principle that the employee is employed at various places or is free to determine his or her place of work;
  • how compensation is paid;
  • the terms and compensation for overtime work;
  • the minimum notice period to which the employee is entitled before the start of a work shift;
  • if the employee is entitled to education provided by the employer;
  • the procedure governing the situation where the employer or employee wants to terminate the employment relationship; and
  • how much the employer pays in employment tax and information about any insurance or protection relating to social security that is provided by the employer.

In addition to the above, the new regulation also clarifies what information employers must provide to employees that are going to work abroad for more than four weeks or are being posted under the Posting of Workers Act (Sw. utlänningslagen (1999:678)).

If an employee with fixed-term employment requests another form of employment or a higher employment rate, or if an employee who is employed for an indefinite term requests a higher employment rate - the employer must submit a written response within one month. The written answer shall include the reason(s) underlying the employer’s decision.

The regulation also clarifies when an employee is entitled to have parallel employments. The employer should not prohibit an employee from taking up employment with another employer, except when the new employment:

  • affects the employee’s ability to fulfil their duties to the first employer;
  • competes with the first employer’s business in a manner which may cause damage;
  • may otherwise cause damage to the employer’s business.

    The scope of having competing businesses is limited by the duty of loyalty in the employment relationship between the employer and employee. An employer should not treat an employee unfairly because of the employee’s parallel employment with another employer.