Q1: What types of employees are covered by the Employment Protection Act in Sweden?
The Employment Protection Act applies to employees in both the public and private sectors. However, employees who work in their employer’s household, upper secondary apprentices, or those in executive positions are exempt. Employees employed with special employment support, sheltered employment, or wage subsidies also fall outside the scope of this Act.
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Q2: Are there any exceptions to the provisions of this Act?
Yes, there are provisions in the Act that can be modified through collective agreements or other relevant laws. For instance, some sections can be altered through collective agreements, but any agreement that restricts employee rights under the Act is considered invalid unless specified otherwise.
Q3: How are fixed-term and indefinite-term employment contracts handled in Sweden?
In Sweden, indefinite-term contracts are the norm. Fixed-term contracts are allowed in specific circumstances such as for temporary substitute positions or seasonal work. If an employee is on a fixed-term contract for more than twelve months within five years, it automatically converts to an indefinite-term contract, unless exceptions apply.
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Q4: Can fixed-term employment be extended beyond the legal limits?
If an employee has been employed in a fixed-term contract for over two years in a five-year period, they are entitled to permanent employment. Employers can still use fixed-term contracts for certain roles, such as seasonal or substitute employment, but they must comply with the statutory limits.
Q5: What information should be included in an employment contract in Sweden?
Employers must provide employees with written information detailing the following:
- Employer and employee names and contact information.
- Job title and description of duties.
- Employment type (indefinite, fixed-term, or probationary).
- Salary and payment schedule.
- Working hours and overtime policies.
- Collective agreements (if applicable).
This information should be provided within seven calendar days of starting the job.
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Q6: What is the difference between probationary and permanent employment?
Probationary employment is a trial period during which either party can terminate the contract with limited notice. Probationary periods can last up to six months, after which the contract becomes permanent, unless otherwise agreed. If the probationary period ends without termination, it automatically converts to an indefinite-term contract.
Q7: Are fixed-term contracts automatically converted into permanent contracts after a set period?
Yes, fixed-term contracts are converted to indefinite-term contracts if an employee has worked more than twelve months in a five-year period under a fixed-term agreement, unless there are specific exceptions in place. This includes contracts such as temporary substitute positions and seasonal roles.
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Q8: Can an employee terminate their fixed-term contract early in Sweden?
An employee may resign from their fixed-term contract before its expiration if the employer fails to fulfill their obligations to the employee. However, the employee must adhere to any notice periods specified in the contract or settle any legal agreements for early termination.
Q9: What is the employer’s responsibility in providing information about employment terms?
Employers must provide written details on critical employment terms, including task descriptions, salary, and working hours. If there are changes in these terms during employment, the employer must inform the employee in writing, ensuring compliance with legal requirements.
Q10: How should the employer handle changes in the employment contract?
If any changes to the terms of employment occur, such as work duties or salary adjustments, the employer must inform the employee in writing as soon as possible but no later than the date the change is to take effect. This includes changes in working hours, job title, or job location.
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