Working hours and the Working Hours Act
Working hours are regulated by the Working Hours Act and affect everything from scheduling to the work environment and costs. Many operations require deviations through collective agreements to gain flexibility without risking a breach of the law. As an experienced employment law attorney, we help you interpret the rules, use deviations correctly, and create sustainable working time solutions.
Working Hours Act – flexibility through exceptions
The Working Hours Act (1982:673) contains several provisions that can be derogated from through collective agreements to better adapt to the needs of the business. At the same time, the EU's minimum requirements for maximum working hours, rest, and safety must always be respected.
Deviations are often used in industries where standard legal regulations are not practically feasible, for example, in shift work, seasonal operations, or high-readiness operations.
Common deviations – working hours, rest and overtime
Common areas where deviations from the Working Hours Act occur are:
- Ordinary working hours per week.
- Daily and weekly rest.
- Overtime and additional work.
- Night work and on-call time.
Through collective agreements, ordinary working hours can exceed the legal main rule of 40 hours per week during certain periods. Daily or weekly rest can also be shortened under special circumstances, provided that the employee is compensated and the minimum requirements of the EU directive are still met.
Rules on overtime can also be agreed upon to deviate from the legal standard, for example during periods of high workload, if this is done in accordance with collective agreements and EU regulations.
Remuneration, night work, and on-call duty – collective agreement rules
The pay, which applies to part-time employees, may in collective agreement special terms that differ from the general rules of law. Working hours regarding night work and on-call duty can be regulated with special schedules and compensation adapted to the needs of the operation.
In practice, deviations are commonly used to create flexibility in shift and rotational work, enable the management of seasonal variations, and ensure readiness and on-call duty without undermining the law's objectives regarding rest and safety.
Documentation of working time and compliance in practice
It is important that agreed-upon deviations are clearly documented and that the employer ensures working hours are planned and monitored in accordance with both law and agreements. Through correct application, the business can maintain efficiency and flexibility while complying with legal requirements for maximum working hours, rest, and safety.
Support and questions about the Working Hours Act – this is how we work
We help employers understand and apply the Working Hours Act in practice, including when deviations through collective agreements can be used. Our starting point is to provide clear, legally sound, and business-adapted advice that facilitates both flexibility and compliance.
We can assist with, among other things:
- Interpretation of deviations regarding working hours, rest, overtime, night work, and on-call duty.
- Review of collective agreements from a working time perspective.
- Procedures and documentation to ensure that deviations are used correctly.
- Guidance on supervision and disputes regarding working hours work environment.
Do you need legal help regarding the Working Hours Act?
Unsure if your working hours comply with the law or collective agreement? Contact RB Jurist for a review of your routines and receive concrete, legally sound advice tailored to your business.
Frequently Asked Questions about Employment and Employment Contracts
The Working Hours Act regulates the working hours of employees.
The Working Hours Act regulates how much an employee may work, as well as requirements for rest, breaks, and pauses.
How many hours can an employee work per week?
The main rule is that an employee may work 40 hours per week, but exceptions can be made through collective agreements.
How many hours can an employee work without a break?
According to the Working Hours Act, an employee may work a maximum of five consecutive hours without a break. After this, a break must be taken to allow the employee to rest and recover.
What applies to the daily rest?
An employee is normally entitled to at least 11 consecutive hours of rest per 24-hour period, but exceptions may occur through collective agreements.
How does overtime work according to the Working Hours Act?
Overtime can be taken when there is a specific need and is limited in hours per year, unless otherwise agreed upon.
What is the difference between overtime and additional hours?
Overtime applies to full-time employees who work extra hours, while additional hours apply to part-time employees.
What counts as night work?
Work that takes place at night, usually between 10 PM and 6 AM, counts as night work and has special rules.
Can the Working Hours Act be contracted out of?
Yes, many parts of the Working Hours Act can be contracted out through collective agreements, but the EU's minimum requirements must always be followed.
What are the consequences of violating the Working Time Act?
Violations of the Working Hours Act can lead to damages, sanctions, or interventions from the Swedish Work Environment Authority.