SWEDEN Law and Practice Contributed by: Robert Stromberg, Advokatfirman Cederquist KB
• four months if the length of the employment term is at least six years but less than eight years; • five months if the length of the employment term is at least eight years but less than ten years; and • six months if the length of the employment term is at least ten years. The length of the notice period may be extended by virtue of CBAs or individual contracts. During the notice period, the employee is obliged to perform work for the employer, and is entitled to salary and all other employment benefits. An employer can release the employee from the duty to perform work during the notice period. The minimum notice period in the case of a termina - tion by the employee is one month, but a CBA or an individual employment contract can extend this. There are no statutory provisions regarding severance pay. However, an employee may be entitled to sever - ance pay in accordance with an employment agree - ment or a termination agreement. Please see 7.1 Grounds for Termination regarding union consultations and union representation where the employee is a member of a trade union. 7.3 Dismissal for (Serious) Cause Summary dismissal may take place where the employee has grossly neglected their obligations to the employer. The summary dismissal may not be based exclusively on circumstances of which the employer was aware either longer than two months prior to the notice of summary dismissal or, should such a notice not be issued, longer than two months before the summary dismissal. Prior to summarily dismissing an employee, the employer must notify said employee in writing and the trade union, if the employee is a trade union mem - ber, one week in advance. Within one week of receiv - ing the information, the employee or trade union may request consultations with the employer concerning the dismissal.
The summary dismissal shall be in writing and shall be given to the employee personally. In the notifica - tion of summary dismissal, the employer shall state the provisions with which the employee must comply if he or she wishes to bring legal action alleging that the summary dismissal is invalid or to seek damages on the grounds of the summary dismissal. Upon the employee’s request, the employer shall state the circumstances invoked as reasons for the sum - mary dismissal, in writing if the employee so requests. Summary dismissal shall be deemed effective when the employee receives the notification of summary dismissal. Summary dismissal means that the employee is not entitled to any notice period or other termination ben - efits, according to the employment agreement. 7.4 Termination Agreements The employer and employee are free to enter into a final settlement in a termination agreement; hence, the employment may be terminated, disregarding the strict rules of the Employment Protection Act. Con - sequently, an employee may waive their contractual rights. As a rule, an employee cannot waive rights laid down in mandatory law that are not yet accrued, but an employee is free to waive rights that are already accrued. Normally, the employee is financially com - pensated to enter into a termination agreement with the employer that includes a full and final release. There are no specific procedures or formalities to consider when entering into a termination agreement with an employee. There are no specific requirements for termination agreements in Swedish law. However, all agree - ments can be deemed unreasonable and amended or declared invalid by a court, according to general contractual law. 7.5 Protected Categories of Employee Dismissals that are considered discriminatory accord - ing to the Discrimination Act are prohibited. Several other regulations also protect employees from unfair dismissals. For instance, an employee may not be dis - missed for reasons related to parental leave, a leave
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