The European Union Working Time Directive finally implemented in the Swedish Working Time Act

16 February 2005 the Swedish Parliament accepted the Governmental Bill of changes in the Swedish Working Time Act in order to carry through the European Union Directive (93/104/EC) in a 'clearer way'.

The Swedish Parliament (Riksdag) approved 16 February 2005 the Social Democrat Governmental proposal (2003/04:180) of making changes in the Swedish Working Time Act in order to implement the European Union Working Time Directive (93/104/EC) in a 'clearer way'. The new rules contain, in short, that the average weekly working time should be at the most 48 working hours. The night/day rest should be at least 11 continuous hours. Some exceptions will be allowed for public tasks, for example in the police force and the armed forces.

The changes will come into force 1 July 2005. If there might exist by then collective agreements, valid to 31 December 2006 the new legal rules will be applied in the concerned branches until 1 January 2007. Also, collective agreements in general may not contain aggravated rules for the employees, as a consequence of the implementation of the European Union Directive.

The Liberal/Conservative and the Centre Parties voted no to the proposal in the Riksdag. The opinion of the opposing parties has been that the EU rules in the Working Time Directive are too extended and do not consider the economical consequences nor the current work in the European Union to produce a new Working Time Directive. Since 2000 a Governmental Committee with a parliamentary representation has been working with an examination of the Swedish Working Time Act, the Annual Leave Act and other legislation dealing with different kinds of leave. The committees’ brief was to)

• propose a new regulation of working time that gives individual employees a larger influence over their working time but at the same time gives employers a good level of flexibility in production. (SE0101176N)

• consider various ways of reducing working time and propose how possible rules might be implemented. In this context the regulation of overtime work was also to be considered. The Committee proposed in 2002 five days more of leave for all employees (SE0206105F).

• consider changes to the Annual Leave Act. The Government particularly wants an amendment entitling employees to save holiday leave days and use it to reduce their daily working time. A propose from the Committee was issued in 2003 (SE0307103N).

• review the implementation in Sweden of the above-mentioned EU Directive and propose a clearer of the Directive in Swedish Legislation

The European Commission has put forward (March 2002, March 2003,) that it does not agree with some parts of the Swedish Working Time Legislation. The Commission 5 July 2004 brought an action against Sweden at the European Court of Justice asking the Court that Sweden has not obliged to fulfil its duty to implement the Working Time Directive (C-287/04-1).

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