Bribes and Improper Benefits

What is a benefit?

A benefit can take many forms but has value for the the recipient, such as gift cards, goods, discounts, trips or tickets to events. In this context, a benefit is something given to a person by someone other than their employer and which is connected to their work. 

When does it become a bribe or an improper benefit?

If a benefit is given to influence how you perform your work, there is a risk that it constitutes a bribery offence. A benefit can also damage confidence in the university’s operations and be prohibited even if it is not a bribe. This may occur if an employee acts contrary to objectivity and impartiality to benefit themselves. Both bribes and other improper benefits are commonly referred to as corruption.

This also applies if you accept a benefit for someone other than yourself. Receiving a benefit does not require that the giver is the one who benefits. It is also prohibited to accept or request a benefit to influence someone else’s work or assignment. Likewise, it is prohibited to give, promise or offer a benefit to an employee or contractor to influence their work or for the recipient to influence someone else’s work.

What does the law say?

The provisions on bribery offences are stated in the Swedish Penal Code, Chapter 10 Section 5a–e, which you will reach by clicking here (opens in the same window) (in Swedish) on the Swedish Parliament’s website. Anyone guilty of bribery can be sentenced to fines or imprisonment. The individual is personally liable. Both the giver and the receiver of a bribe may also be liable for damages to the recipient’s employer.

Employment law consequences may also apply, both for bribery and other improper benefits
 

Your responsibility as a public employee at Lund University

Public employees have a special responsibility to maintain society’s trust that operations are conducted objectively and impartially. Employees or contractors at Lund University must not even be suspected of being influenced by irrelevant wishes or considerations in their work.

For those working with public procurement or tasks involving the exercise of public authority, the scope for accepting benefits is very limited. Examples of authority within the university include decisions on recruitment, admission to education or grading.
 

What should you do if a benefit is offered?

Ask yourself:

• Is this a benefit and why is it being offered to me?
• Is there a link between the benefit and my employment or assignment at the university?
• What does the benefit consist of and what is its value? The risk increases with the value.
• What influence do I have on my employer's relationship with the person offering the benefit? Can I influence decisions, authority or procurement?

A good way to avoid difficult borderline issues is to completely refrain from accepting gifts and benefits. It may feel impolite to decline a gift or benefit, but it signals that you care about maintaining trust in the university and helps the giver do the right thing.

Which benefits are permitted?

Items of negligible value that occur in normal work-related interaction are usually considered acceptable.

Examples:

• Coffee and pastries/fruit during a work meeting.
• Occasional justified work meals of an everyday nature.
• Product samples, decorative items, promotional products or commemorative gifts of minor value.

However, if the situation is linked to the exercise of authority or public procurement, no benefits may be accepted or given.

Which benefits are never permitted?

Examples:

•    Cash gifts, securities or similar
•    Loans on particularly favourable terms
•    Guarantees or indebtedness
•    Purchase price or claim, amortisation or interest waived
•    Bonus arrangements, e.g. for purchases or travel, if the benefit accrues to the employee and not the employer
•    Use of vehicles, boats, holiday homes or similar for private purposes
•    Fully or partly paid leisure or holiday trips, even if combined with a work trip
•    Gift cards or gifts for private use received in connection with work-related training, conferences or fairs

Who can you contact with questions about bribes and improper benefits?

Primarily, ask your immediate manager.
Contact person at the Legal Division: Annette Nilsson.

Remember that the responsibility for accepting a benefit is always yours. A manager or other person “approving” a benefit does not guarantee that a bribery offence is excluded.

What can you do if you suspect a bribe?

If you become aware of a serious irregularity in a work-related context, you can report it via the university’s whistleblowing channel. A serious irregularity may include breaches of law or corruption. Read more on the Staff Portal: Report irregularities under the Whistleblower Act.