How do strikes work in Sweden and what are your rights?

What’s the background?

Collective agreements have long been a staple of the so-called “Swedish model”, which prefers employers and unions to negotiate working conditions between themselves rather than having detailed legislation. As the two parties generally manage to reach agreements, strikes are comparatively rare in Sweden. Strikes are not permitted when there’s a collective agreement in force, known as “peace obligation”.

But although nine out of ten employees in Sweden are covered by a collective bargaining agreement, they are less common in newer industries such as the startup and tech bubbles.

Those in favour of collective agreements argue that they are an essential part of the Swedish model, ensuring good and equal contracts for everyone. Those against argue that up-and-coming businesses in the modern labour market need more flexibility than these deals offer.

How do strikes work in Sweden?

There are three situations in which strikes are allowed in Sweden: during the renegotiation period when a collective bargaining agreement is being renewed, during the negotiation of a new collective bargaining agreement and as a sympathy strike with another union.

Any strike taking place for another reason or while a collective bargaining agreement is in place (not including sympathy strikes) is illegal, and is known as a vild strejk (wildcat strike).

There are a number of different methods (stridsåtgärder) a union can employ when conflict arises with an employer, and striking – refusing to carry out any work – is the most common of these methods. Partial strikes, such as refusing to work overtime (also known as an overtime blockade) are also common.

In order for a strike or other type of conflict measure to be legal, the union needs to warn the employer that it plans to take conflict measures with at least seven working days’ warning, giving details of the type of measures it plans to take (strike or overtime blockade, for example), as well as the exact workplaces and roles the conflict measures will apply for.

There are special rules for certain key industries – like some public sector workers and employees in the healthcare sector – on how the strike is handled so that it doesn’t pose a risk to society, but workers in all industries still have the right to go on strike.

How can an employer retaliate?

Employers also have the right to employ conflict measures, like a lockout, which neutralises a strike by blocking workers from coming into work and stopping their pay.

If you are a member of the relevant union taking part in a legal strike then your right to strike is protected in the Swedish constitution and your employer is not allowed to punish or fire you for striking.

Your employer does not have the right to register whether you are a member of a union or whether you are planning on striking, and if they ask you to give them this information, you don’t have to supply it.

What are my rights if my union tells me to strike?

If you are a union member and your union tells you to strike, then you are expected to strike.

It's not against the law to refuse, but it's generally against the terms of your union membership, and you risk being labelled a strikebreaker and expelled from the union.

If you are expelled for strike breaking, it’s not that simple to rejoin again in the future, either – you’ll need to apply for special dispensation from union leadership.

The same rules apply to both office and remote work.

Will I be paid if I strike?

You won’t receive a salary from your workplace if you take part in a full strike, but you will receive strike compensation (konfliktersättning) from your union, if you were a member and had paid your membership free before the strike started.

This strike compensation is paid out from the union’s strike fund, and the union will call off a strike if the fund runs out and it will no longer be able to pay compensation to members. You will also receive strike compensation if you are locked out by your employer.

Strike compensation is tax free, so it will be equal to your post-tax salary based on the full tax year and calculated based on your tax declaration.

If you take part in a partial strike or overtime blockade, you will still be paid by your employer and will not be eligible for strike compensation.

Can my employer force me to do the work of striking colleagues?

No, you have the right to not do the work of striking colleagues, and if you're a union member not ordered to strike, then you could be considered a strike breaker if you do carry out the work of colleagues who are on strike. This also includes overtime - you can still work a normal amount of overtime, but your employer can't make you work extra to cover the work of people who are on strike.

What if I'm here on a work permit?

As a work permit holder (or an EU citizen), you have the same legal rights to take part in a strike or other conflict measures as Swedish citizens do. Your decision to take part in a strike or not cannot be used against you by the Migration Agency when deciding whether to grant you a work permit, a work permit extension, permanent residence permit or similar.

What if I’m not a union member?

If you join a union which has issued a strike warning against your employer and pay your membership fee before the strike breaks out, then you are usually eligible for strike compensation straight away.

There usually aren't any notice periods, but check with the union you're thinking of joining if you're not sure.

If you are not a member of the relevant union when the strike breaks out then you’re still legally allowed to strike (but you don't have to) and your employer can't penalise you for doing so, but you won’t get any salary from your employer or any salary compensation from the union.