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New Act on Protection of Whistleblowers
New Legislation Enacted
Author: Anna Jerndorf, Partner and Head of Employment – TM & Partners
On December 17, 2021, the new Whistleblowing Act (2021:890) entered into force, implementing the EU Whistleblowing Directive (2019/1937). The new act provides protection of persons who, in a work-related context, have received or obtained information about breach of EU legislation or misconduct and reports it. The protection will also apply to other individuals (other than the reporting person) who assist the reporting person, as well as legal entities connected to the reporting person. The protection consists of discharge from liability and a ban on obstructive measures and retaliation.
As of July 17, 2022, public sector employers with at least 50 employees and private employers with at least 250 employees must have an internal whistleblower function. From December 17, 2023, the requirement also applies to private employers with at least 50 employees.
Digital Labour Platform Not Deemed to Be an Employer in Recent Ruling
Precedential Decision by Judiciary or Regulatory Agency
Author: Anna Jerndorf, Partner and Head of Employment – TM & Partners
The Administrative Court of Appeal in Gothenburg has in a recent ruling confirmed the Administrative Court’s previous ruling that a digital labour platform is not responsible for the work environment as it cannot not be deemed to be an employer and the company is therefore not obligated to take the measures to improve the work environment which the Swedish Work Environment Authority had requested.
The company provides a mobile application where a range of everyday services are mediated between persons who offer to provide the services (contractors) and persons who hire them (customers) and charges a brokerage fee based on the compensation agreed between the contractor and customer. The court found that the company merely seems to help the users by providing a payment system, insurance, service and opportunities to rate. Since the company cannot be deemed to be an employer, no work environment liability can be imposed. Accordingly, the Work Environment Authority’s decision must be revoked.
