Swedish strip club challenges ban on night work

The question will now be decided by the courts, and their answer could have implications for the entire labour market.

A strip club staying open at night is almost inherent to its nature. Yet according to the Working Hours Act, all employees are generally entitled to rest between midnight and 5 in the morning. 

This does not apply, however, if the nature of the work, the needs of the public or other special circumstances require that the work must be done at night. Typical examples include healthcare, emergency services, and the police.

Other employers who want employees to be able to work at night can apply for an exemption from the Work Environment Authority if there are 'special reasons.' Another option is if the employer has a collective agreement that allows for an exception.

In the case of Club Heartbeat, the Work Environment Authority sees no special reason to grant an exemption. Therefore, the club’s owner, Flirt Fashion AB, was prohibited from having employees work between midnight and 5 am after 1 September this year. If the owner does not comply with the ban, it will result in a fine of 600,000 Swedish kronor (€52,600) – that is if the Work Environment Authority is successful.

Because the owner has appealed the ban, arguing that the club has a collective agreement which exempts it from the night work ban with the relatively new trade union the Stage and Cultural Workers' Union, Sokaf. 

It was founded in 2022 by twelve employees from various clubs, partly as a response to the Work Environment Authority's intervention against night work at these establishments. As of today, Sokaf is said to have 33 members.

However, the Work Environment Authority does not recognise the collective agreement. A collective agreement that deviates from the night work ban must be concluded by a central labour organisation, and Sokaf is not a central organisation, argues the authority. As a result, the court will, for the first time, have to decide what this means, as it is not clearly defined anywhere.

It is quite possible that the matter will be escalated to the highest court. If the decision allows “alternative” unions to negotiate exceptions to the night work ban, it could have implications for the entire labour market.

Strip clubs are not alone in wanting to operate around the clock these days. A couple of examples include Spotify and Klarna, which have not received exemptions from the Work Environment Authority.