Spørgsmål: Living in Sweden with new job in Denmark - Do I need a work permit?
Hi, I have a longterm EU residency from Italy and now got my residence permit from sweden, currently living in Malmö. I am getting a job in Copenhagen by a Swedish Company. They said that they have a contract with Danish company to which they provide services. According to them a swedish company’s employees can go there and perform their job in Denmark and employee don’t need to apply for work permit in Denmark. Can you please confirm if I am allowed to work for Swedish company operating in Denmark? They don’t have any base in Denmark. They operate from Malmö. Please let me know if it’s possible to work in Copenhagen for a Swedish company?
According to chapter 2 § 7 of the Swedish Aliens Act (2005:716), people that are not citizens of the European Union (EU) need a work permit to be able to work in Sweden. This is the case regardless of whether the employment is in Sweden or abroad. However, a work permit is not needed when you have a residence permit according to chapter 2 § 8 c of the Swedish Aliens Act. In this case, since the work is going to take place in Copenhagen, one must look to Danish law. If there are any Danish provisions such as chapter 2 § 7 of the Swedish Aliens Act, a work permit could be needed in Denmark as well even though it is Swedish employment.
In addition, what needs to be noted in this case is that the situation can be regarded as posting under Article 1 (2)(a) of Directive 96/71/EC of 16 December 1996 concerning the posting of workers in the framework of the provision of services. According to Article 1(1) of the Directive, the provisions apply to undertakings established in a Member State which in the framework of the transnational provision of services, post workers to the territory of a Member State. Further, the Directive applies to the extent that the undertaking “post workers to the territory of a Member State on their account and under their direction, under a contract concluded between the undertaking making the posting and the party for whom the services are intended, operating in that Member State, provided there is an employment relationship between the undertaking making the posting and the worker during the period of posting”, according to Article 1 (3)(a) of the Directive.
Since there is a contract between the Swedish company and the Danish company I would argue that the conditions are met for the Directive to become applicable and you would therefore be regarded as a posted worker. A posted worker has the same basic working conditions and rights as the workers in your host country and will generally not need a work permit (https://europa.eu/youreurope/citizens/work/work-abroad/posted-workers/index_en.htm). However, the Directive is without prejudice to national laws relating to the entry, residence, and access to employment of third-country workers. I would therefore argue in this case that the Danish Authorities may require a work permit, as they do in Sweden. I would therefore recommend contacting the Danish Authorities to find out how to get a work permit.