Reporting postings in the road transport sector

Here you will find information about what the posting of drivers entails, what obligations the employer has and what rights the employee has, as well as links to collective bargaining agreements. Here you can also find information about the obligations of the transport undertaking and the client.

As an employer in the road transport sector, you must:

Report the posting.
Ensure that the driver can present the report, i.e., the posting declaration, at roadside inspections.
Comply with the Swedish collective agreements and rules on the working environment, discrimination, working hours, holidays, parental leave and taxes.

The information you report is used to ensure that posted workers in Sweden receive the working conditions and terms of employment they have a right to according to Swedish law and collective agreements.

Posted worker’s rights and obligations

Parties of the labour market:

Swedish Confederation of Transport Enterprises; opens in a new window

Swedish Association of Road Transport Companies; opens in a new window

Swedish Transport Workers’ Union; opens in a new window

SEKO; opens in a new window

Report the posting of drivers here

Report transport undertakings established in the EU (IMI); opens in a new window

Drivers and transports to which the rules apply

A driver is considered to be posted when:

An employer sends a driver to Sweden to work for a limited period of time.
The driver usually works in another country.
The driver carries out transports for a transport undertaking that is established in a country other than Sweden.

There must also be an employment relationship between the employer and the driver during the posting period.

There are three main transport situations when drivers are posted:

A freight transport where both loading and unloading of freight take place in Sweden. Examples of transports that are covered by the regulations are cabotage and combined transport.
A carriage of passengers where boarding and disembarkation of passengers take place only in Sweden.
A carriage of passengers where the boarding and disembarkation of passengers only take place in Sweden in connection with international scheduled services.

Transports that are not covered by the rules are:

Transit transport, which means that the driver passes through Sweden with a transport from another country without loading or unloading freight or picking up or dropping off passengers.
Bilateral transport, which means an international transport that is carried out to or from the country where the transport undertaking is established. A prerequisite is that the driver also carries out the part of the transport that takes place in the country of establishment and not only the part of the transport that takes place within Sweden’s borders. In a bilateral transport, the driver can perform certain additional activities and still not be posted. (see Sections 5 e and 5 f of the Posting of Workers Act, SFS 1999:678).

The employer’s obligation to report posting

As an employer, you must report a posting no later than when the driver begins working in Sweden. You must immediately change the information in the report in the event of changes in the operations that concern the posting.

Report postings of drivers

Employers in the transport industry within the EU must report postings via the European Commission’s portal, Internal Market Information System (IMI). The report is called a posting declaration. As an employer in the EU, you can read more about the declaration and find answers to various questions on the portal.

Report for transport undertakings established in the EU (IMI); opens in a new window

See instructions on how to report posting; opens in a new window
This is how employers for undertakings outside the EU that intend to post drivers in Sweden report the posting.

1. Send an e-mail with the following information to the Swedish Work Environment Authority.

arbetsmiljoverket@av.se
- The transport undertaking’s name, corporate identity number or equivalent, postal address and city.
- The employer’s information if the transport undertaking is not the driver’s employer.
- Name, telephone number and email address of the transport manager or another contact person in the country of establishment.
- The driver’s name and ID number, residential address and driving licence number.
- Start date of the driver’s employment contract and which law is applicable to it.
- The planned start date and end date of the posting.
- The registration numbers of the motor vehicles.
- Also indicate if the transport services are freight transport, carriage of passengers, international transport or cabotage.
2. Also send a copy of the e-mail to your driver.

3. The driver will present your e-mail at a roadside inspection.

Obligation to be able to present documentation after the posting period

After the posting period, as an employer, you must submit the following upon the Swedish Work Environment Authority’s request:
- copies of employment contracts
- payslips
- time-sheets
- proof of payment of wages.
The documents must be submitted by the employer within eight weeks of the Swedish Work Environment Authority requesting the documents so that the employees’ organisations can safeguard the drivers’ rights.

Presenting the report of posting at roadside inspection

The transport undertaking is responsible for ensuring that the driver can present:

A copy of the posting declaration.
Evidence of the transports that are relevant to the assessment of the posting issue, such as shipping documents.
Tachograph data.

It is the Swedish Police Authority and Swedish Customs that carry out the road inspections.

Administrative fines and advance payments

If the posted driver cannot present a copy of the posting declaration at a roadside inspection, the transport undertaking may have to pay an administrative fine of SEK 60,000.

The Swedish Police Authority and Swedish Customs will decide on an advance payment of the fine at the roadside inspection if the driver cannot present a copy of the declaration. If the transport undertaking does not immediately make the advance payment on the fine, the Police Authority and Customs may decide that the transport cannot continue.

The Swedish Transport Agency must immediately examine whether the Swedish Police Authority and Swedish Customs decisions should continue to apply.

General information on the various activities of the authorities:

Swedish Transport Agency; Opens in a new window

Swedish Police Authority; Opens in a new window

Swedish Customs; Opens in a new window

Client liability

If you who have professionally agreed on a road transport, on your own behalf or on behalf of somebody else, you are considered the client. As such, you are responsible for verifying that a report of posting of the driver (a posting declaration) has been made.

If the posting of the driver is not reported, you must report it to the Swedish Work Environment Authority no later than one day after the transport has been completed. If you do not do so, you may be sentenced to a fine or imprisonment for a maximum of one year.

You may also be sentenced if, when ordering the transport, you knew or had reasonable cause to assume that the posting of the driver was not or would not be reported.

To notify the Swedish Work Environment Authority that there is no report of posting for the transport you ordered, send an email to

arbetsmiljoverket@av.se

Posting from Sweden to other EU countries

If you are posting drivers for transports from Sweden to other EU countries, you need to find out which posting rules apply in the country you intend to post to. To report the posting, you must use the European Commission’s portal for posting declarations in the road transport sector (IMI).