Whether employees can make use of previously attained know-how, knowledge and skills in a new position is largely governed by the Trade Secrets Act, as well as the particular circumstances at hand and the employee's actions. In a recent case, the Labour Court has departed from the principles set out in its earlier case law and implemented a new method for calculating damages in trade secret employment cases.
Due to recent changes to the Posting of Workers Act, foreign employers may need to follow Swedish employment conditions for posted employees to a greater extent than before. In addition, Parliament has approved a proposal to introduce a so-called 'economic employer' concept in Sweden. Consequently, many foreign employers will also need to register with the Swedish Tax Agency in order to comply with Swedish tax reporting standards on a monthly basis.
As in every other part of the world, the COVID-19 outbreak is affecting Swedish society in numerous ways. This article presents a selection of Swedish employment law-related responsibilities and possibilities for employers to be aware of in view of the effects of COVID-19, particularly with regard to their work environment responsibilities and the Short-Time Work Allowance Act.
Workplace harassment between employees raises questions regarding employers' responsibility to maintain a healthy and sustainable work environment and what actions can be taken against disruptive employees. Employers and their representatives have an extensive responsibility to maintain a positive work environment, including assessing, preventing and acting against risk factors such as harassment.
The government recently decided to appoint a special investigator to explore the possibilities of modernising some of the basic regulations of Swedish labour law. The investigation aims to explore how Swedish labour law can be modernised and adapted to meet current market needs while maintaining the fundamental and historical balance between the various parties to the labour market.