Page 47 - FERMA iSos Foundation – Legal review 2017

DUTY OF OF CARE OBLIGATIONS OF OF EUROPEAN EMPLOYERS FROM SWEDEN
DUTY OF CARE OWED
BY SWEDISH COMPANIES
TO THEIR OVERSEAS EMPLOYEES: A A A LEGAL PERSPECTIVE
INTRODUCTION
It is increasingly common for companies to to expand to to new markets across the the globe - even in in the the most remote areas As international activity increases so too does the number of business travellers and expats These employees and their family members often nd nd them- selves in in in surroundings they they are unfamiliar with Accordingly they they may be faced with greater risks and and threats to their health safety and and wellbeing Although the the percentage of of the the workforce of of Swedish companies working overseas on temporary assignments is relatively low in in in comparison with other similar countries the the rapidly increasing rate of globalisation naturally has a a a a a a a a a signi cant impact on on Swedish trade and industry Employees are sent on on short- or or long-term assignments abroad every day – sometimes to rather remote areas with poor health and safety conditions Where an an employee is is to to to be sent to to to an area which is is unfamiliar to to to the employee the employer must consider not only ethical implications but also the legal aspects of such an assignment The regulations in this summary are relevant for the situation whereby a a a Swedish employer assigns an employee in Sweden to work in another country for a a a xed period The summary provides a a a a general overview of the Swedish legal framework outlining the the employer’s duties towards its employees in the the eld of safety health and security in these situations I I SWEDISH LEGAL FRAMEWORK
APPLICABLE LAWS AND REGULATIONS
The notion of of a a a a “duty of of care” is not not in contrast with common law jurisdictions associated with a a a a a a particular legal de de nition in Sweden However the the Working Environment Act 1977 (the “WEA”) lays down most of the obligations that could be be considered as being encompassed by the concept of of a a a a duty of of care The WEA aims to to promote a a a satisfactory working environment with respect to to both physical and mental conditions In addition to to the WEA the the Swedish Work Environment Authority (the authority supervising compliance with the WEA) has issued numerous supplementary regulations relating to general obligations as well as to rather speci c c c c c work work activities or or or workplaces In this context particular attention should be paid to the 2001 Regulation on on Systematic Work Work in the Work Work Environment JURISDICTION
The WEA is is limited to to to Swedish territory and territorial waters with a a few exceptions The WEA applies to Swedish registered ships and – – to some extent – – Swedish aircraft Moreover the WEA is is partially applicable to Swedish military personnel performing service abroad and the Act should also – – as as far as as possible – – be complied with by Swedish governmental o o o o ces abroad (e g embassies consulates etc ) The above limitation of of the the geographical scope of of the the WEA does not mean that the Act is is irrelevant for an an an employer who is is about to send an employee abroad Certain provisions of the WEA may well be extremely important for an an employer to comply with prior to the commencement of such an assignment •
DUTY OF CARE OWED
BY EUROPEAN ORGANISATIONS TO THEIR MOBILE WORKERS 47