That is why 90 days out of the total 480 days are reserved for each parent. In the standard seven-member court, there are three neutral members, two members representing the interests of the employer and two representing employee interests. Employees in managerial positions, such as a managing director of a limited liability company, do not enjoy employment protection by way of law. 5.4 Can employees be dismissed in connection with a business sale? Just cause for personal reasons is rather difficult to reach and is also associated with great risks for the employer. If an employer employs more than 25 employees, the active measures must be documented. Many collective bargaining agreements contain provisions on supplementary parental pay. Direct discrimination: when someone is disadvantaged by being treated less favourably than someone else is treated, has been treated or would have been treated in a comparable situation and the disadvantage is associated with any of the protected grounds. Hence, there is no legal difference between blue-collar and white-collar employees. The Swedish labour market is, to a wide extent, regulated by collective bargaining agreements, in which terms and conditions are set out in detail. The means to achieve the greatest influence for their members is to agree on collective bargaining agreements and to achieve high coverage on the labour market for these agreements. 3.2 What types of discrimination are unlawful and in what circumstances? What are the remedies for a successful claim? 6.6 Are there any specific procedures that an employer has to follow in relation to individual dismissals? The employee is entitled to damages if suffering from retaliations due to his/her reporting. 8.5 Can an employer control an employee’s use of social media in or outside the workplace? Employment contracts may not be legally terminated on the grounds of the transfer itself. We also use third-party cookies that help us analyze and understand how you use this website. These are termed as non-necessary cookies. The Labour Court collects no such fee. It is common to enforce such restrictions for a period of between six and 12 months. How does a business sale affect collective agreements? The employer has no duty according to law to pay anything to the employee during the maternity leave. An employment-related civil case becomes pending when a written application for a summons is filed by the plaintiff to the competent District Court/the Labour Court. 3.6 What remedies are available to employees in successful discrimination claims? 7.1 What types of restrictive covenants are recognised? Parental leave is paid out for no less than 480 day (approximately 16 months) for each child. Employment & Labour Law > Since then, the parental leave reform has been revised several times. 3.7 Do “atypical” workers (such as those working part-time, on a fixed-term contract or as a temporary agency worker) have any additional protection? 1.3 Do contracts of employment have to be in writing? 1. This website uses cookies to improve your experience while you navigate through the website. This category only includes cookies that ensures basic functionalities and security features of the website. The employer shall have just cause for dismissal with notice and legal grounds for immediate dismissal (without notice). 5.3 Are there any information and consultation rights on a business sale? The Annual Leave Act (1977:480): this act entitles employees to a minimum of 25 vacation days per year. Employers may only control an employee’s use of social media if the employee, by use of social media, acts in breach of his/her employment contract, e.g., the duty of loyalty. During the first 18 months from a child’s birth, the parents are entitled to 480 days of parental pay benefits via the social security system. However, transfer of employee data to third countries is strictly regulated. 2.5 In what circumstances will a works council have co-determination rights, so that an employer is unable to proceed until it has obtained works council agreement to proposals? Employment contracts need not be in writing. If not settled, the trade union may bring the claims before the Labour Court. 4.4 Do fathers have the right to take paternity leave? Impress your Swedish friends with these similes, Get updates on new articles, opportunities and other goodies by signing up for our. 5.1 On a business sale (either a share sale or asset transfer) do employees automatically transfer to the buyer? Financial damages range from six to 32 months’ pay, depending on length of service. حفلة أم حاجة – هل يمكنك تناول طعام جيد بميزانية محدودة؟, The dos and don’ts of a Swedish workplace. Information on vacancies must be provided in a way which ensures that part-time and fixed-term employees, as well as temporary agency workers of the user company, have the same opportunity to apply for these jobs as permanent or full-time employees. How are works council representatives chosen/appointed? However, an individual employee has a right to oppose the transfer and stay employed with the seller. 4.5 Are there any other parental leave rights that employers have to observe? 9.3 How long do employment-related complaints typically take to be decided? Inadequate accessibility: when a person with a disability is disadvantaged through a failure to take measures for accessibility. The damages for injury to feelings are fairly low, between EUR 5,000–13,000. There is no such requirement. The act also includes principles on calculation of vacation pay and vacation pay in lieu of vacation. The employee can either claim damages for injury to feelings or for financial loss, or claim the dismissal null and void. Apart from 90 days each, the parents can divide the days between them. Should the employer fail to consult, the trade union may claim damages for the breach. The Discrimination Act also prohibits reprisals. How long does the process typically take and what are the sanctions for failing to inform and consult? Can employers settle claims before or after they are initiated? 1. 2. Harmonisation of conditions of employment according to collective bargaining agreements can be made by way of agreement with the relevant trade unions. The employee may claim damages mainly for injury to feelings and, under certain circumstances, for financial loss. and unlock access to three FREE PDF downloads per month April 17, 2016. Occupational pension vehicles do not transfer. Can an employer transfer employee data freely to other countries? Not many dads/partners benefit from being close to the new child in those early, raw, postpartum days. EU law has, with few exceptions, been rapidly implemented in the Swedish legal system. The main hearing in a District Court is scheduled between 12–18 months after a summons is filed. 9.4 Is it possible to appeal against a first instance decision and if so, how long do such appeals usually take? Maternity Leave by Country 2020. Maternity leave is defined as seven weeks of consecutive leave just before or just after giving birth. 8.2 Do employees have a right to obtain copies of any personal information that is held by their employer? These cookies do not store any personal information. Every dismissal due to personal reasons shall be subject to a thorough legal review in order to avoid the most obvious risks. 7.2 When are restrictive covenants enforceable and for what period? 9.2 What procedure applies to employment-related complaints? 8.1 How do employee data protection rights affect the employment relationship? 3.3 Are there any special rules relating to sexual harassment (such as mandatory training requirements)? A temporary agency worker is entitled to benefit from the employee benefits and services offered by the user company to its employees on the same conditions as the employees of the user company, unless a difference in treatment can be justified on objective grounds. The employer does not have to pay any compensation for confidentiality, non-solicitation and customer protection clauses. We aim to keep this information timely and accurate. Employment protection in Sweden is very strong and the risk for the employer is therefore significant in case of wrongful dismissals. 3.1 Are employees protected against discrimination? In many employment-related disputes, the Labour Court is the first and final court for settling the matter. Emplaw Advokater AB, The International Comparative Legal Guides and the International Business Reports are published by: Global Legal Group, It is helpful to have a comprehensive publication which embraces different countries and certain industries.Harry Jones, Legal Department - TOYOTA (GB) PLC, UK, © 2002-2020 Copyright: ICLG.com | Our Privacy, Register with us FREE The notice period according to law can vary between one to six months depending on the length of service.