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CONVINUS Global Mobility Insights NEWSLETTER Winter 2022 / 2023

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Global Mobility Insights - Winter 2022 / 2023 ation and always in the case of permanent residency. The lease also needs to be ongoing for at least 18 months into the future. This is a problem as building associations typically grant sublets for only 12 months at a time. General conclusions: Introducing a new type of residence permit Application times and additional requirements are translated into considerably longer processing times The fast track is essentially non-existent Intention for leniency towards administrative mistakes Stricter demands on employers What is the future? More companies will review whether their employees can work remotely and travel on business visas instead of a full transfer to Sweden. Companies may be forced for business reasons to make risky decisions around business visas to get project meetings off the ground. For companies that have not yet benefited from the fast-track procedure, it is very lengthy nowadays, but it is better than an outside procedure that takes 10-17 months. Companies are looking at having tech hubs outside Sweden to secure talent. Young and upcoming companies that do not qualify for the Swedish Migration Agency fast track use “employer of records (EOR)” to get talent on the ground. Contact: Nimmersion AB T: +46 8 660 61 01 Linnégatan 41 E: 114 58 Stockholm Sweden 38

Global Mobility Insights - Winter 2022 / 2023 Overview on posted workers Author: Lavinia Aiosa, Global mobility and EU posting Manager at ECA Italia (Italy) The European Union allows companies located in one EU State to operate in other member States (freedom of establishment), including by sending their own personnel to perform a service. The need for a directive on the posting of workers is based on the need for a balancing act between workers' rights and freedom of establishment, which saw its first normative concretization in Directive 96/71/EC (so-called Mother Directive). The Directive, in Article 1, identified three different hypotheses of posting: A) The secondment to provide services; B) The posting operated within the framework of companies belonging to the same group; and C) Posting operated by labour supply agencies. In addition, with the aim of ensuring equal protections for workers operating within the same national market, the EU legislator provided indications of matters for which minimum standards of protection should be provided. Despite the Directive's contribution over the years, the EU legislature had to deal with various circumvention phenomena related to the posting of workers (for example: fictitious postings and so-called letter box companies), seeing the need to equip the various member states with effective tools to monitor the genuineness of postings and the actual compliance with minimum standards of protection. For these reasons, the EU intervened through Directive 2014/67/EU (the so-called Enforcement Directive), implementing a coordinated system of administrative requirements that must be activated by entities posting staff abroad, as well as the possibility for member states to set up special sanctioning regimes against non-compliant foreign providers. To date, the latest regulatory intervention on the topic of posted workers in Europe is Directive 2018/957/EU, which was created with the aim of revising from 39

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