New membership criteria | Byggföretagen

New membership criteria

Uppdaterad:

The Swedish Construction Federation is working for a construction industry that exercises zero tolerance towards deliberately fraudulent practices. We can never accept decent builders being pushed out by criminal operators.

As a stage in the efforts against unhealthy competition, the Swedish Construction Federation is now adjusting its membership criteria to further counteract the risk of companies without collective agreements or unsound companies being part of the contractor chain.

The new criteria mean that all member companies that employ subcontractors must work to apply the rules of collective agreement to the employees concerned at the work site. This will apply both to a direct contracting party and any potential subcontractors in the contract chain.

The new membership criteria

  • Members with employees who perform tasks that are bound by the areas of application in the construction contract must always, when employing subcontractors who are employers for such tasks, comply with the clauses in Appendix D of the industry agreement.
  • Similar obligations to comply with the regulations in Chapter 23 of the Road and Rail Agreement apply to member companies who are bound by and perform tasks as part of areas of application in the Road and Rail Agreement and employ subcontractors for tasks as part of the Road and Rail Agreement.
  • For group companies the rule is that member companies, when employing other group companies (real or “sham”), must always comply with industry agreements in the respective collective agreements in order to safeguard collective agreement at the work site for the tasks concerned or, if the work concerned is not bound by collective agreements, to ensure that the minimum conditions for employees that follow from the National Agency for Public Procurement’s conditional appendices relating to labour legislation conditions regarding the construction contract and the Road and Rail Agreement are applied to tasks in these areas of the contract.
  • Member companies with Swedish branch offices must apply the relevant collective agreement for the task the company is performing in Sweden through sending or stationing employees abroad, or local employment, as well as pay membership fees, taxes and other statutory fees for all employees performing work in Sweden under the areas of application of our collective agreements.
  • Members who are covered only by the Swedish Construction Federation’s salaried employee agreement must always ensure that the contracting party/subcontractor employed (which is the employer) applies the applicable collective agreements in force or ensure that the minimum conditions for employees that follow from the National Agency for Public Procurement’s conditional appendices relating to labour legislation conditions regarding the construction contract and the Road and Rail Agreement are applied to tasks in these areas of the contract.

  • Members with employees who perform tasks that are bound by the areas of application in the construction contract must always, when employing subcontractors who are employers for such tasks, comply with the clauses in Appendix D of the industry agreement.
  • Similar obligations to comply with the regulations in Chapter 23 of the Road and Rail Agreement apply to member companies who are bound by and perform tasks as part of areas of application in the Road and Rail Agreement and employ subcontractors for tasks as part of the Road and Rail Agreement.
  • For group companies the rule is that member companies, when employing other group companies (real or “sham”), must always comply with industry agreements in the respective collective agreements in order to safeguard collective agreement at the work site for the tasks concerned or, if the work concerned is not bound by collective agreements, to ensure that the minimum conditions for employees that follow from the National Agency for Public Procurement’s conditional appendices relating to labour legislation conditions regarding the construction contract and the Road and Rail Agreement are applied to tasks in these areas of the contract.
  • Members who are covered only by the Swedish Construction Federation’s salaried employee agreement must always ensure that the contracting party/subcontractor employed (which is the employer) applies the applicable collective agreements in force or ensure that the minimum conditions for employees that follow from the National Agency for Public Procurement’s conditional appendices relating to labour legislation conditions regarding the construction contract and the Road and Rail Agreement are applied to tasks in these areas of the contract.
  • Member companies with Swedish branch offices must apply the relevant collective agreement for the task the company is performing in Sweden through sending or stationing employees abroad, or local employment, as well as pay membership fees, taxes and other statutory fees for all employees performing work in Sweden under the areas of application of our collective agreements.
  • Sole proprietors (meaning without their own employees) are not covered by the requirement for collective agreements or conditions resembling collective agreements. When employing sole proprietors, however, they must be reported to the Federation and entered into the list of companies employed. Moreover, it must be ensured that they are working independently, on their own responsibility and have valid liability insurance for the tasks to be performed. Employment must be on market terms and in compliance with labour and tax legislation.

Q&A

What applies if I am purchasing construction services?

As previously, when purchasing construction services, employ companies that meet one of the following conditions:
– is a member of the Swedish Construction Federation
– has a local collective agreement with Byggnads (Swedish Building Workers’ Union) or Seko and has “approval” from Byggnads or Seko for procurement as a company.

What applies if the procured company wishes to purchase services further down the chain?

With downward purchases as well, companies should meet one of the following conditions:
– is a member of the Swedish Construction Federation
– has a local collective agreement with Byggnads (Swedish Building Workers’ Union) or Seko and has “approval” from Byggnads or Seko for procurement as a company.

What applies if I am purchasing an indirect service?

If an indirect service (meaning, for instance, materials are purchased that will then be processed in some fashion in the form of a service such as carrying in or installation) is to be purchased, employ companies that meet one of the following conditions:

– is a member of the Swedish Construction Federation
– has a local collective agreement with Byggnads (Swedish Building Workers’ Union) or Seko and has “approval” from Byggnads or Seko for procurement as a company.

What applies to purchases of construction services in other sectors such as electricity, pipes, painting, glass, sheet metal and so on?

Here as well, the companies should either be members of an employers’ organisation or have a local collective agreement with a trade union.

What applies if I am purchasing services outside the construction sector?

Here as well, the companies should either be members of an employers’ organisation or have a local collective agreement with a trade union.

What should be done if I cannot procure an operator that has a collective agreement or local collective agreement?

If it is not possible within existing regulations, conditions of employment should be applied to employees who at the least meet the minimum standards established by the National Agency for Public Procurement for the area of application of the collective agreement concerned.