How to: build a bullet-proof employee agreement
When employing your international candidate, they must have an employee agreement that are up to Swedish standards, and most importantly, adheres to the Swedish Migration Agency’s requirements. In this check-list we will explain crucial parts to include in your employee’s agreement.
The basics
Well first of all, an employee agreement must contain the contact details of the employee and the employer. This includes full name and address. Most importantly you have to have the agreement in either Swedish or English and both your (the employer’s and the employee’s) signatures must be visible on the contract (e-signature works as well).
Terms of the employment
Of course the employee’s agreement must include information about the actual employment. A few things that must be included (according to the Swedish Migration Agency) is what form of employment the job position will have- for example will it be a permanent position, a fixed-term or probationary employment? If the employment has a probationary period remember to write the length of this. You must also write the start date of the employment and if it is a fixed period you must include an end date. Notice period should also be included, i.e. how long before the employee needs to hand in their resignation.
To avoid extra processing time, if the start date of the employment passes before the employee has a granted work permit you can formulate the employment contract so that the start date isn’t specified but rather suggests that the employment starts from the day the Swedish Migration Agency grants the permit.
Job description
The employee contract must also include some information about the actual work that will be carried out. You should leave a few sentences that describe the job tasks and responsibilities. Also remember to state the official job title of the employee. Another requirement is to give some information about the workplace- is it the same as the address the employer is registered at? Can the employee work remote, etc.?
Salary and salary benefits
In your employee agreement you should also include the base salary of your employee. The salary should be in SEK and it should be clear how often the salary will be paid.
Important note! The Swedish Migration Agency has since the 1st of November decided that the new maintenance requirement is 27 360 SEK per month. This means that the monthly salary for a labour migrant cannot go under this limit, no matter if the position is full-time or part-time. However for most high-skilled migrants the salary should depend on the average salary for the job role. See this separate blog post about salary requirements!
In the employee contract you must also leave details about any salary benefits. This could for example include housing benefits (see our other blog post about housing benefits here), car benefits and/or meal benefits. Remember that these benefits are taxable and should be taxed a certain way.
Working hours and overtime
You should explain how many hours the employee will work in the agreement. You can showcase this by explaining if the employee will work full-time or part-time. Full-time normally accounts to 40hrs a week and part-time depends, although this should be specified in the contract.
You must also explain what applies to overtime and additional hours and if the employee is entitled to payment for such work.
Vacation policy
In Sweden every employee has the right to at least 25 days of paid vacation per each 12 month period. The number of vacation days or vacation pay should be specified in your employment agreement.
Collective Agreement
Lastly it should also be clear whether the company follows a collective agreement that they have signed with a Union. If a collective agreement applies this should be specified.
What is a collective agreement?
A collective agreement is a written agreement between the parties on the labour market. It describes the employer’s and the employee’s obligations in relation to each other, for example with regard to wages, pensions and insurance schemes
Make sure you check-off these requirements from the Swedish Migration Agency when formulating your agreement for your employee. These points will grant you a better position for your application to a work permit, but also give your employee the security of having a comprehensive agreement to ensure their rights.
