MBL Section 38 – Contracting and Subcontracting | Negotiating Proposal Word/PDF/Excel

MBL 38 § – Consultation Request Before Contracting and Hiring In is an editable document package for Swedish employers bound by collective agreements. It helps you document consultation before certain work is planned to be carried out by an external contractor and to keep apart the duty to consult, exceptions, the union's declaration under Section 39, and the employer's own decision.

When Does an Employer Need an MBL 38 Consultation?

According to the general rule in Section 38 of the Co-Determination Act, employers bound by collective agreements for the work in question must, on their own initiative, consult before making certain decisions to engage someone to carry out the work without being employed by the employer. This may apply to contracting, assignments, or hired-in personnel. There are specific exceptions that require an individual assessment. Exceptions for short-term/temporary work or special expertise cannot be used generally for hiring in under the Act (2012:854). See Section 38 MBL at the Swedish Parliament.

All Documents and File Formats

Document	Use	Format
01. Consultation Request MBL 38	The employer's request with the correct counterparty, planned work, contractor, attachments, and receipt.	DOCX/PDF
02. Assignment and Contractor Background	Work tasks, workplace, contractor level, alternatives, contractual conditions, and risk checks.	DOCX/PDF
03. Applicability and Exceptions Check	Structured assessment of Section 38 paragraphs 1–3 and the union's request.	DOCX/PDF
04. Consultation Minutes MBL 38	Actual meeting, information, questions, objections, and correct minutes status.	DOCX/PDF
05. Veto and Decision Grid	Check whether a declaration under Section 39 occurs, legal assessment under Sections 39–40, and separate decision.	DOCX/PDF
06. Swedish User Guide	Legal boundaries, workflow, special cases, and sources.	DOCX/PDF
07. English User Guide	English explanation of the Swedish templates under Swedish law; not English contractual versions.	DOCX/PDF
08. Excel Register	Nine tabs for cases, counterparties, contractors, background, consultations, veto/decisions, and actions.	XLSX

Excel Register with Nine Tabs

Overview, Cases, Counterparties, Contractors, Background, Consultations, Veto and Decisions, Actions, Read Me. The workbook only counts filled-in register entries, with 100 empty rows per administrative tab. There is no customer or personal data in the delivered file. The formulas do not draw conclusions about who has the right to consult, whether an exception applies, whether a right of veto exists, or whether a decision may be made.

How to Use the Document Package

1. Check the rules: investigate the employer's collective agreement, the relevant employee organization, the actual work, and the relationship with the contractor.
2. Assess any exceptions: use document 03 to gather facts. The union's request and hiring in require special attention.
3. Prepare the consultation: fill in 01 and 02 and send the relevant background to the correct counterparty. Document the actual receipt.
4. Document the process: write 04 with the parties' actual positions, any supplements, and minutes adjustment.
5. Check the right of veto and decision: use 05 to escalate a possible formal declaration under Section 39 to an individual legal assessment before decision/execution.

Important About MBL Sections 38–40

Section 38 contains the general rule and exceptions, and refers to Section 14 MBL for consultation. After consultation, an authorized employee organization may, in certain situations, issue a declaration with legal consequences under Section 39; Section 40 contains limitations. For public procurement, special grounds apply under Section 39 paragraph 2, where the legal references have been changed by SFS 2026:886. A document package cannot alone determine whether any of these provisions are met. Collective agreements and special circumstances may affect the procedure. Check the current wording of MBL.

Common Questions About Contracting Consultation

Does MBL Section 38 Apply to Hiring In from a Staffing Agency?

The provision may apply. The exceptions for short-term/temporary work or special expertise under Section 38 paragraph 2 do not apply in the same way to such hiring in of employees covered by Act (2012:854).

Is an External Specialist Always Exempt from Consultation?

No. The exception question must be assessed for the work in question, including whether it involves hiring in and whether the employee organization has requested consultation in a specific case.

Can a Union Organization Stop a Contract?

Section 39 MBL contains a special opportunity for a declaration from the authorized organization after a Section 38 consultation, but only under the conditions of the Act and with the limitations under Section 40. An objection or a general disagreement is not automatically a legally valid veto.

Does the Template Apply Without a Collective Agreement?

It is designed for the employer bound by a collective agreement and the work specified in Section 38. If this prerequisite is missing, a different legal assessment is required.

Can I Edit the PDF Files?

Editing is intended to be done in Word. The PDF files are searchable and intended for reading and printing; interactive PDF filling is not promised.

Are the Documents Legally Reviewed?

The legal sources have been checked with AI assistance as of November 1, 2026. No independent external legal review is documented; you must check the concrete case and current collective agreement yourself.

Related Templates

For a different type of labor law process, there is termination due to redundancy and relocation agreements. These do not cover the same specific Section 38 consultation.

Version, Jurisdiction, and Delivery

Version 1.0 (2026-11-01). Swedish law. Formats: Word, PDF, and Excel. Price 79 SEK. The finished ZIP is delivered only after the product owner has manually linked the file in Shopify Digital Products and activated the product draft. Source: Act (1976:580) on Co-Determination in Working Life, Sections 38–40, consolidated text up to SFS 2026:886.