Best Wage & Hour Lawyers in Borgholm

About Wage & Hour Law in Borgholm, Sweden

Wage and hour law in Borgholm follows national Swedish labor law together with collective bargaining agreements that apply to many workplaces. Sweden does not have a statutory minimum wage. Instead, most pay rates, overtime premiums, allowances, and scheduling rules are set by collective agreements that unions and employer organizations negotiate for each sector. Statutory rules still apply to everyone on core issues such as maximum working hours, daily and weekly rest, breaks, vacation, equal pay, and safe scheduling. If you work or run a business in Borgholm, the same national framework applies, but the exact rules that govern your pay and time are often found in the relevant collective agreement for your industry in Kalmar County.

Why You May Need a Lawyer

You may need legal help if you believe your employer has not paid wages or overtime correctly, if you are asked to work hours that exceed legal limits, or if your time records do not match your actual hours. Disputes also arise when employers classify time as on-call instead of working time, do not pay for travel or training hours that should count as working time, or fail to provide legally required breaks and rest periods.

Employees often seek advice when vacation pay looks wrong, when shift premiums or unsocial-hours supplements are missing, or when they are moved to a new schedule without required consultation. Part-time workers may need help if they regularly work beyond their contract without proper compensation for extra hours. Managers and specialists sometimes need guidance if their role is claimed to be exempt from the Working Hours Act, since exemptions are limited and must fit specific criteria.

Employers seek counsel to implement compliant scheduling systems, draft contracts that align with the applicable collective agreement, audit timekeeping and overtime practices, handle wage deductions lawfully, and manage cross-border or seasonal staffing for tourism and agriculture on Öland.

Local Laws Overview

Working time and overtime. The Swedish Working Hours Act sets the general framework. Regular working time is normally up to 40 hours per week. Employers must ensure daily rest of at least 11 consecutive hours in every 24-hour period and weekly rest of at least 36 consecutive hours in every seven-day period. Overtime is limited. As a baseline, general overtime may not exceed 200 hours per calendar year. In special circumstances, additional overtime may be allowed subject to rules and in many cases after union involvement. Average weekly working time, including overtime, must not exceed 48 hours over a reference period, typically four months, in line with EU rules. For part-time employees, extra hours up to full-time levels are regulated and capped. Many detailed limits and premiums are set by collective agreements.

Overtime pay and premiums. There is no statutory overtime premium in the Working Hours Act. Overtime compensation, unsocial-hours premiums, on-call pay, and shift differentials are primarily governed by collective agreements or by individual employment contracts if no agreement applies. The applicable agreement in your sector in Kalmar County often contains precise rates and calculation methods.

Breaks and pauses. Employees are entitled to breaks if the workday is longer than five hours. Breaks are usually unpaid. Shorter pauses are part of working time and are typically paid. Collective agreements often spell out timing and length of breaks for different schedules.

Exemptions. Certain roles are outside the Working Hours Act, such as employees with managerial responsibilities, those who can decide their own working time, or roles where working time cannot be measured. Whether an exemption applies is a legal assessment, not just a job title.

Time records. Employers must keep accurate records of working hours, overtime, and extra hours and must be able to show them to the Swedish Work Environment Authority. Employees have the right to see records that relate to their own hours.

Vacation and vacation pay. Under the Annual Leave Act, most employees accrue at least 25 vacation days per year. Vacation pay is regulated by law and collective agreements. A common method results in vacation pay corresponding to at least 12 percent of the previous year’s earnings for untaken time, with supplements when vacation is taken during employment.

Equal pay and discrimination. The Discrimination Act requires equal pay for equal work or work of equal value. Employers must conduct annual pay surveys. Employers with 10 or more employees must document the survey. Unequal pay due to sex or other protected grounds is unlawful.

Wage deductions. Employers can only make deductions when permitted by law, by a collective agreement, or with the employee’s explicit consent. Unlawful set-off against wages can be challenged and may result in liability.

Youth and night work. Special protections apply to employees under 18 and to night workers, including stricter limits on working hours and night work.

Enforcement and disputes. The Swedish Work Environment Authority supervises working time rules. Unionized employees typically resolve disputes through negotiation under the Co-Determination in the Workplace Act. Many labor disputes are ultimately heard by the Labour Court. Non-union employees often bring wage claims before the local district court that serves Borgholm. Strict deadlines may apply under collective agreements and statutes, so early advice is important.

Frequently Asked Questions

What counts as working time in Sweden

Working time is the time you are at the employer’s disposal performing work. On-call time at the workplace usually counts as working time. On-call from home may count partly or fully depending on how restricted you are. Travel during the workday generally counts. Commuting typically does not. Collective agreements provide important details for specific sectors.

Is there a minimum wage in Borgholm

No statutory minimum wage exists in Sweden. Pay levels are set by collective agreements or by individual contracts if no agreement applies. Many employers in Borgholm are covered by sector agreements that set minimum pay tables and supplements.

How many hours can I be scheduled to work

Regular working time is commonly up to 40 hours per week. Employers must ensure 11 hours daily rest and 36 hours weekly rest. Overtime is capped by law and by any applicable collective agreement. Average weekly time, including overtime, must not exceed 48 hours over the reference period.

Do I have a right to overtime pay

Overtime premiums are usually set by collective agreements. If your workplace lacks an agreement, your employment contract should state how overtime is compensated. If it is silent, you may still be entitled to compensation based on custom and practice. A lawyer can review your agreement and the rules for your sector.

What are my rights to breaks and meal periods

If you work more than five hours, you are entitled to a break. Breaks are normally unpaid. Shorter pauses are paid and count as working time. The timing and length are regulated by law and refined by your collective agreement.

Can my employer change my schedule without my consent

Employers may adjust schedules within the limits of law and the applicable collective agreement, often subject to notice periods and consultation duties. Significant changes that affect your employment terms may require negotiation under the Co-Determination in the Workplace Act and sometimes your consent.

What if my employer withholds wages or makes deductions

Wage deductions are only lawful if allowed by statute, a collective agreement, or your explicit consent. Unpaid or underpaid wages can be claimed. Time limits may be short if a collective agreement applies. Prompt written notice and legal advice are recommended.

How is vacation pay calculated

The Annual Leave Act guarantees at least 25 days of vacation per year. Vacation pay is calculated under the Act and your collective agreement. A common approach yields at least 12 percent of annual earnings for vacation pay, with a vacation supplement when time off is taken.

Are managers exempt from working time rules

Only certain managerial or autonomous roles are exempt. The exemption depends on the actual duties and control over working time. Job titles alone are not decisive. Misclassification can be challenged.

What can I do if I am a posted or seasonal worker in Borgholm

Posted and seasonal workers in tourism or agriculture are entitled to core Swedish conditions on working time, rest, and vacation pay. Many sectors have collective agreements that set minimum rates and supplements. Keep copies of your contract, timesheets, and pay slips and seek advice if the conditions differ from what you were promised.

Additional Resources

Swedish Work Environment Authority - supervises the Working Hours Act, inspections, and guidance on working time and rest.

Swedish National Mediation Office - information on collective agreements and wage statistics.

Discrimination Ombudsman - guidance and enforcement for equal pay and discrimination issues.

Kalmar District Court - local court handling many wage disputes for non-union employees from Borgholm.

Swedish Labour Court - specialized court for many collective labor disputes and union cases.

County Administrative Board of Kalmar - handles state wage guarantee matters if an employer becomes insolvent.

Trade unions and employer organizations in your sector - collective agreement coverage, advice, and representation.

Next Steps

Document everything. Keep your employment contract, the name of the collective agreement that applies, schedules, time records, emails or messages about hours, and all pay slips. Write down dates, start and end times, and what work was performed.

Ask internally first. Raise questions with your manager or HR and request a written explanation of how your hours and pay are calculated, including overtime and supplements. Ask to see your recorded hours.

Contact your union if you are a member. Unions can review your agreement, compare your pay to the correct tables, request records, and negotiate on your behalf. They can also bring a case if needed.

Seek legal advice early. A lawyer familiar with wage and hour issues in Sweden can assess whether the Working Hours Act, the Annual Leave Act, or your collective agreement has been breached, calculate what you are owed, and advise on deadlines and strategy.

Act within time limits. Wage and hour claims can be subject to strict deadlines, especially under collective agreements. Do not wait if pay is missing or incorrect.

Prepare for resolution. Many disputes settle through negotiation. If necessary, your representative can bring a claim before the appropriate court or, for union cases, the Labour Court. In insolvency situations, explore the state wage guarantee through the County Administrative Board.

This guide provides general information about wage and hour law in Borgholm and across Sweden. It is not legal advice. For advice on your specific situation, consult a qualified Swedish labor lawyer or your union.