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Öb pay for a company who has no collective agreement

Dear Transportarbetareförbundet,

I am writing to request clarification regarding OB (unsocial hours) compensation in the taxi sector when an employer does not have a collective agreement.

My questions are:

  1. Is an employer legally required to pay OB compensation in the absence of a collective agreement?
  2. If OB has not been paid previously, is the employer allowed or required to pay it retroactively?
  3. Are there any laws or regulations that define minimum OB compensation in such cases?
  4. How does this situation affect employees in relation to work permit requirements and compliance with Swedish labour standards?
I would appreciate it if you could also refer me to any relevant laws, guidelines, or official sources.

Thank you for your assistance.
Muhammad

Kommentarer

  • Hi,

    Thank you for your message.

    When it comes to OB compensation (unsocial hours pay) in the taxi and transport sector, it is important to clarify that such compensation is not mandated by law in itself, but is regulated through collective agreements or through what has been agreed between the employer and the employee.

    Below is a clarification based on your questions.

    OB compensation
    OB compensation only applies if the employer is bound by a collective agreement or if the parties have explicitly agreed on this in the employment contract. If the employer does not have a collective agreement, the terms set out in the written employment statement/employment contract apply. If there is no agreement on OB compensation there, there is no general right to such compensation.

    Retroactive payment
    If OB compensation has not been paid previously, it can only be claimed retroactively if there is an agreement (collective agreement or individual agreement) that provides entitlement to the compensation. If there are no such rules, the employer is under no obligation to pay OB retroactively.

    Legislation on minimum levels
    There are no laws that set a minimum level for OB compensation. Swedish legislation, for example the Working Hours Act, regulates certain frameworks for working hours but not the levels of compensation for unsocial working hours. Pay and various supplements are primarily a matter of agreement between the parties.

    Work permits and labour immigration
    For work permits, the conditions must not be worse than those set out in Swedish collective agreements or established practice in the industry. This is assessed by the Swedish Migration Agency (Migrationsverket). If the employer does not have a collective agreement, an overall assessment is made of salary and other conditions, but this does not automatically mean that OB compensation must be paid. The Swedish Migration Agency is the responsible authority for these assessments.

    Membership and the union’s role
    For Transport to be able to invoke a collective agreement or pursue issues with the employer, you must be a member of the union. Without a collective agreement and without membership, our ability to act is very limited.

    For further guidance, we refer you to the responsible authorities:

    • Swedish Work Environment Authority (Arbetsmiljöverket) – for rules on working hours and work environment
    • Swedish Migration Agency (Migrationsverket) – for questions about work permits and assessment of conditions
    • Labour Court (Arbetsdomstolen) – case law on agreements and compensation issues
    If you are a member or are considering becoming one, you are welcome to contact your local branch for support and advice in your individual case.

    Kind regards
    Swedish Transport Workers’ Union
    Jon Wall Administratör
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