tjänsteprestationsavtal

tjänsteprestationsavtal, commonly translated as an employment service agreement, is a contract typified in Sweden where an individual or firm agrees to provide a specific service or establish a relationship of professional dependence without a full employment relationship. Unlike an arbetsavtal, the party delivering the tjänstemän skill does not obtain the right to claim a collective salary, social benefits, or a guaranteed work schedule from the client.

Legally, the tjänsteprestationsavtal is subject to the Swedish Contracts Act and the Swedish Employment Protection Act, yet it does not automatically trigger collective bargaining rights. The parties must clearly state the scope of the service, compensation, duration, and termination conditions. In practice, these agreements are often used for project work, consultancy, freelance design, and temporary placement services. Because no formal employer-employee relationship exists, the client is not obliged to contribute to pension schemes, unemployment insurance or sick leave payments.

Classification of the relationship is governed by a risk‑based assessment. Courts examine factors such as the degree of supervision, integration into the client's organization, control over working hours, ownership of tools, and whether the service provider can direct the performance. If the evaluation leans toward an independent contractor, the tjänsteprestationsavtal remains valid; if the relationship is closer to employment, it can be re‑classified as an arbetsavtal, bringing along the corresponding statutory obligations.