Regleringen av nattarbete – en förutsebar tillämpning av förbud, undantag och påföljder?

Abstract

According to the Working Hours Act, night work, ie work between midnight and 05, is prohibited. However, the law regulates different exceptions to that ban. Thus, through the so -called direct exemption, night work can be allowed depending on the nature of the work, the public's needs or other specific circumstances. It is also possible to deviate from the law's rules through collective agreements. If neither the direct exception nor collective agreement is relevant, exemption can be applied for from the Swedish Work Environment Authority. Violations of the prohibition in a situation that is not covered by an exception, can lead to a penalty fee imposed on the employer decided by the Swedish Work Environment Authority. Such a fee may amount to millions. The article analyzes the prohibition and the exceptions and how they have been applied in court in order to elucidate the extent to which it is possible to predict when and under what circumstances night work is allowed, and if - and if possible - any ambiguities affect the assessment of penalties.