Hiring berry pickers who have a representative

When you are to employ or hire somebody who is a citizen of a country outside the EU, that person needs a residence and work permit in most cases. It is you as the client who begins the application for a residence and work permit when you are to hire people with a representative who are to work as berry pickers or service personnel.

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Employing an employee who does not have a representative

If you are to employ a person who does not have a representative, the person must be employed according to the rules for seasonal work.

Read more about employing a seasonal worker

Hiring a group of employees who have a repre­sen­ta­tive

You can use the e-service to hire employees who have a representative. As the client, you must then provide information about the employment in the e-service.

Frequently asked questions about hiring berry pickers

Requi­re­ments for resi­dence and work permits

In order for the person you want to hire as a berry picker to receive a residence and work permit

  • the employee must have a valid passport
  • you must provide information about the employment and give the union organisation concerned an opportunity to make a statement on the terms of employment
  • you must have agreed with the employee on terms of employment that are at least on the same level as Swedish collective agreements or what is customary in the profession or industry
  • you must have agreed with the employee on work that enables the employee to achieve a good income. This means that the monthly salary must amount to at least 80 percent of the median salary published by Statistics Sweden (SCB) and which was valid at the time of application. Read about current maintenance requirement here
  • you must show that you have paid salary if you previously employed or hired berry pickers
  • you must present how the company will manage to pay the offered monthly salary even in the event of a poor berry supply and if the employee is unable to pick berries corresponding to the monthly salary offered
  • you must show that you can guide the persons you hire in their work and organise practical matters, such as transportation, food and lodging in such a way as is customary in the industry
  • you must report all costs charged to the person you employ or hire
  • you must show documentation that you have provided information about the work, the offered terms of employment, the right of public access and traffic rules in Sweden
  • the representative/employer must have the intention of taking out medical insurance, life insurance, industrial injuries insurance and occupational pension insurance for the employees once they begin employment.

In order for the Swedish Migration Agency to assess whether the employment meets the conditions for a work permit an employment contract should contain, among other things, the following information:

  • the employee’s name and address
  • the employer’s name and address
  • information about the workplace
  • brief description of tasks and title
  • form of employment (permanent, fixed-term or probationary employment)
  • start date of employment or time of start 
  • notice period, length of probationary period or end of employment
  • salary, other salary benefits and how often the salary is to be paid
  • working hours
  • what applies to overtime or additional hours and payment for such work
  • vacation days or vacation pay
  • which collective agreement applies if the employer has signed a collective agreement.

You can avoid extra proces­sing through a flex­ible start to the employment

If the processing of your case takes time, the start date you specified in the employment contract may be passed. Then the Swedish Migration Agency may need to obtain a new start date from you - something that risks extending the processing time.

To avoid this, you can formulate the employment contract so that it does not specify a specific start date, but instead states that the employment starts from the day the Swedish Migration Agency grants the work permit.

Requi­re­ments to use the e-service

In order to use the e-service and provide information about the employment, you need

The requi­re­ments also apply to those who are to work as support to berry pickers

The requirements to receive residence and work permits also apply to the people who are to work as support to the berry pickers. This means that the same conditions are set on you when you for example hire a cook, mechanic or interpreter for the berry pickers.

A residence and work permit is tied to a certain profession and a certain employer. You must therefore write the profession the person actually works in when you provide information about the employment.

In order for the employee to be able to receive a residence and work permit, the representative/employer must have the intention to take out medical insurance, life insurance, industrial injuries insurance and occupational pension insurance for the employee once he or she begins employment.

Anyone who is in Sweden for a period of time less than one year does not have the same right to social security benefits as those who are resident there. This is why it is important that the person has insurance that covers costs that may arise, for example, in the event of an illness or accident.

If you hire a person who is a citizen of a country outside the EU, you must check that the person has a right to be in Sweden and work for you. When a person is employed from a country outside the EU, this must generally also be reported to the Swedish Tax Agency.

Prohi­bi­tion against discri­mi­na­tion

Nobody may be discriminated against in working life on the ground of national or ethnic origin or skin colour, for example. The employer should be aware that the check of the employee may not be done in a discriminating manner. To avoid discrimination, the employer should therefore also not decide to check an employee’s right to be and work in Sweden based solely on the employee’s ethnic origin, skin colour or language skills.

You must show how the company will manage to pay the agreed on monthly salary (gross salary and any social security contributions) even in the event of a poor berry supply and if the employee is unable to pick berries corresponding to the monthly salary offered. This can, for example, be done by showing that there are cash funds in a bank or the equivalent, overdraft facilities or guarantees from a bank (only applicable to banks within the EU/EEA and Switzerland).

This can also be done through a legally binding commitment from another financier or a guarantee from a guarantor that can show that assets are available. In support of this, balance sheets and income statements can also be submitted.

Once you have provided information about the employment through the e-service, you must notify the representative so that he or she can complete his or her part of the application. Once you have appended all documents, you finish your part of the application. Then, the representative for the employees can also finish his or her part.

You can follow the case by logging in to the e-service.

Note that the Swedish Migration Agency may in some cases need to investigate the application further even if you have provided all of the information and sent in all of the documents.

It is the Swedish Municipal Workers’ Union (SKAF) that has the organisation and agreement right for anyone who picks berries. When you have provided the information about the employment, you must save it on your computer. Then send the information and the form for the union declaration to SKAF. They must then send their declaration back to you.

As the client in Sweden, you receive a notification in the post once the decision has been made. If you want access to the reasons for the decision, you need an authorisation from the employee. The representative for the group receives an email that the decision has been made. The representative receives the actual decision through the Swedish embassy or consulate-general in the country in which he or she lives.

The employee must have his or her residence and working permit finished before he or she travels to Sweden and begins to work. People who are granted a permit for three months or more also receive a residence permit card. The card must be presented together with the passport upon entry and is proof of the right to be in Sweden. It takes up to four weeks to manufacture and deliver the card.

If the Swedish Migra­tion Agency denies the appli­ca­tion

A decision on a residence and work permit can be appealed within three weeks. Information on how to appeal is provided in the employee’s decision.

Frequently asked questions for employers or agents

Frequently asked questions for employees

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