Q1: Who does the Employment Protection Act apply to in Sweden?
The Employment Protection Act applies to employees in both the public and private sectors in Sweden. However, employees working in their employer’s household and those in upper secondary apprentice employment are excluded. Certain provisions also do not apply to executive employees, family members, and subsidised employment roles.
Q2: Can employers and employees agree to limit rights under the Employment Protection Act in Sweden?
In Sweden, agreements that revoke or limit employee rights under the Employment Protection Act are generally invalid. However, deviations are allowed when explicitly permitted by the Act, mainly through collective bargaining agreements concluded or approved by central employee organisations under specific conditions.
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Q3: What types of employment contracts are recognised under the Employment Protection Act in Sweden?
Employment contracts in Sweden are presumed to be indefinite-term unless otherwise agreed. Fixed-term contracts are allowed for general fixed-term employment, substitute employment, and seasonal work. Probationary employment is also permitted for up to six months, after which it converts to indefinite employment if not terminated.
Q4: When does a fixed-term contract become permanent in Sweden?
In Sweden, specific fixed-term employment becomes indefinite-term employment if it exceeds twelve months within five years, or when successive fixed-term, substitute, or seasonal contracts follow one another within six months. Substitute employment converts after more than two years within a five-year period.
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Q5: What written information must employers provide to employees in Sweden?
Employers in Sweden must provide written information covering key employment terms, including job role, contract type, notice periods, pay, working hours, leave entitlement, termination rules, social security contributions, and applicable collective agreements. Core details must be provided within seven days of employment starting.
Q6: On what grounds can an employer terminate employment in Sweden?
Termination by an employer in Sweden must be based on objective grounds, such as lack of work or circumstances attributable to the employee personally. Termination is not allowed if redeployment to suitable alternative work is reasonable. Transfers of business alone do not constitute objective grounds.
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Q7: What notice periods apply under the Employment Protection Act in Sweden?
The minimum notice period in Sweden is one month. Longer notice periods apply based on length of service, ranging up to six months for employees with ten or more years of employment. Special rules apply when employees are on parental leave during notice due to redundancy.
Q8: What rights do employees have during the notice period in Sweden?
During the notice period in Sweden, employees are entitled to retain their pay and employment benefits, even if no work is assigned. Employees may also take reasonable paid leave to seek new employment. Employers may deduct income earned from other suitable employment in certain situations.
Q9: What priority rules apply during redundancy in Sweden?
In redundancy situations in Sweden, employees with longer service have priority for continued employment. Employers may exclude up to three employees considered critical to operations. Priority lists are usually applied per operational unit and collective agreement area, based on total length of employment.
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Q10: What re-employment rights do employees have after termination in Sweden?
Employees in Sweden who are terminated due to lack of work have priority rights to re-employment if they meet service length requirements and are qualified. These rights apply for up to nine months after employment ends and can transfer to a new employer after a business transfer.
