Anställningssäkerhet

Skrivna anställningsavtal

The usual form of employment is indefinite term employment (until further notice) except as otherwise agreed. The Employment Protection Act permits fixed term or temporary employment in certain cases. However, the rules relating to fixed term contracts are semi discretionary and collective agreements can deviate from these provisions. The employment contract can be both written and oral. Even if there is no requirement of a written contract, the employer is obliged to provide written employment particulars within one month of the commencement of employment. Employer is required to provide all such information on terms and conditions of employment that is of material relevance to the employment contract or employment relationship. However, employer is not bound to provide such information where the period of employment is less than three weeks.

The following written particulars must be provided to the worker: name and addresses of employer and employee; commencement date of employment and workplace; job description, occupational designation or title; type of employment contract (indefinite term or fixed term or probationary contract); notice period, in the case of indefinite term employment; final date of employment and conditions governing its termination in the case of fixed term contracts; length of probationary period; initial rate of pay, employment benefits and wage payment intervals/periods; length of employee working day/week and length of employee's annual leave; and relevant applicable collective bargaining agreement. The employer must give the employee one month’s notice of any changes in the above terms.

The employee shall be provided the information within certain times frames (7 calendar days for certain basic conditions and 30 calendar days for other information).

Source: §4-6 of the Employment Protection Act, 1982; §3 & 4 of the Act No. 421 on upper secondary school apprenticeship employment, 2014, Employment Protection Act, 1982 Amendments: up to and including SFS 2022

Visstidskontrakt

According to the Employment Protection Act, fixed term employment is permitted in the following cases: general fixed term employment; temporary substitute employment; seasonal employment; when the employee has attained the age of 67 years; and the contract for probationary employment (provided that its period does not exceed six months).

According to the Act, if an employee, during a five year period, has been employed for a general fixed term or temporary substitute employment in aggregate for more than two years, the employment is automatically transformed into an indefinite term employment.

Thus the maximum length of a fixed term contract is 02 years with unlimited renewals during this period. Employer is not required to provide objective reasons for concluding a fixed term contract.

If an employee with a fixed-term contract requests a different form of employment or more working hours, or if an employee who is employed for an indefinite term requests more working hours, the employer must provide a written reply to the employee within one month of the request. The reason for the employer’s position must be provided in the written reply.

Source: §5 & 6 of the Employment Protection Act, 1982 Amendments: up to and including SFS 2022

Provanställningsperiod

Length of probationary period cannot be greater than six months. Employment can be terminated by either party at any time during the probationary period (term of probationary contract) for any reason unless it is a discriminatory reason as provided under Anti-Discrimination law.

An employer may decide not to offer indefinite term employment to a worker on probation period. In order to do so, employer must notify the worker, with at least two-week notice during probation period, of his intention not to continue employment on expiry of probation period. In the absence of such notice, employment contract is deemed to have been concluded for infinite term on expiry of probation period. Unless otherwise agreed, probationary employment may also be terminated prior to the expiration of the probationary period.

If an employer wants to terminate a worker during probationary period, employer must give at least two-week notice.

Source: §6 of the Employment Protection Act, 1982 amendments: up to and including SFS 2022