CDD regulados: Si

Razones de utilización legítima de CDD: sin restricción

Remarks

According to sec. 5 EPA, a contract of employment for a fixed-term may be concluded: 1) for a general fixed-term employment, 2) for a temporary substitute employment, 3) for a seasonal employment, 4) when the employee has attained the age of 67.

FTC for the purpose of 'general fixed-term employment' can be concluded with no valid reason.

Número máximo de CDD consecutivos: sin restricción

Duración máxima acumulativa de CDD consecutivos: 24meses

Remarks

Sec. 5 EPA : An employee may only be employed for a maximum of two years during a five-years period under FCT concluded for a general fixed-term employment or for a substitute employment. If this time limit is exceeded, the employment contract automatically converts into an indefinite-term contract.

% de trabajadores bajo CDD: 16.4

Remarks

Source: Eurostat, annual average for 2011.
The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
Eurostat data are based on the following definition:
"A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."

Duración maxima del periodo de prueba (en meses): 6 meses

Remarks

Sec. 6 EPA.
Refers to the possibility to conclude "contract for probationary employment, provided that the probationary period does not exceed 6 months".

Obligación de motivar el despido: Si

Remarks

Sec. 9 EPA: The employer is obliged, upon request by the employee, to state the circumstances on which notice is based.

In case summary dismissals (without notice), the employer is also obliged to state the reasons behind the dismissal upon request of the employee: sec. 19 EPA.

Motivos autorizados (despido justificado): cualquiera justa causa

Remarks

Sec. 7 EPA: Notice of termination must be based on objective grounds.
Those grounds can be linked to economic circumstances or circumstances relating to the employee personally.

Motivos prohibidos: embarazo, licencia de maternidad, responsabilidades familiares, color, sexo, orientación sexual, nacionalidad, edad, afiliación sindical y actividades sindicales, discapacidad, cumplimiento del servicio militar o civil, licencia paternal, identidad de género, ejercicio del derecho a la licencia de educación, origen étnico

Remarks

- Discrimination Act, 2008: sec. 1 and 5
- Parental Leave Act, 1995: sec. 16 (covers both maternity leave and parental leave)
Note: pregnancy is not mentioned as such, but has been interpreted as being included under sexual discrimination
- Trade Union Representatives (Status at the Workplace) Act, 1974: sec. 4
- Employee's Right to Educational Leave Act, 1974 : sec. 8
- The study of the European Commission on termination of employment relationships (2006) also mentions care for dependants (family responsibilities), and military or civil service (p. 54)

Trabajadores que gozan de una protección particular (fuero): representantes de los trabajadores

Remarks

See for example, sec. 8 of the Trade Union Representatives (Status at the Workplace) Act, 1974 on priority to continued employment in connection with redundancies.
See also sec. 30 EPA on the obligation to inform the worker's representatives for individual dismissals of trade union members.
NOTE: About 70% of the workers in Sweden are union members.

Forma de la notificación del despido al trabajador: escrita

Remarks

Sec. 8 EPA

Plazo de preaviso:

Remarks

Sec. 11 EPA:
- The minimum notice period is 1 month.
- The notice period shall be:
* 2 months for tenure of at least 2 years but less than 4 years;
* 3 months for tenure of at least 4 years but less than 6 years;
* 4 months for tenure of at least 6 years but less than 8 years;
* 5 months for tenure of at least 8 years but less than 10 years;
* 6 months for tenure of at least 10 years.

duración de servicio ≥ 6 meses:

  • Todos: 1 meses.

duración de servicio ≥ 9 meses:

  • Todos: 1 meses.

duración de servicio ≥ 2 años:

  • Todos: 2 meses.

duración de servicio ≥ 4 años:

  • Todos: 3 meses.

duración de servicio ≥ 5 años:

  • Todos: 3 meses.

duración de servicio ≥ 10 años:

  • Todos: 6 meses.

duración de servicio ≥ 20 años:

  • Todos: 6 meses.

Indemnización sustitutiva de preaviso: No

Notificación a la administración: No

Notificación a los representantes de los trabajadores: No

Remarks

Exception as provided in sec. 30 EPA: workers' representatives must be notified when the employee is a union member. This obligation of notification applies both in case of a dismissal with notice and a summary dismissal.

Aprobación de la administración publica o de organismos judiciales: No

Acuerdo de los representantes de los trabajadores: No

Definición de despido colectivo (número de empleados afectados): No statutory definition of collective dismissal.
However, the employer is obliged to notify the Swedish Public Employment Service of cutbacks in operations that will affect:
- at least five employees, or
- at least 20 employees over a period of 90 days.

Remarks

According to the website of the Swedish Trade Union Confederation (last update 29.01.09), provisions on notification to the labour administration in case of collective dismissals are contained in the Act on Certain Employment Promoting Measures (not available in English):
"The employer is obliged to notify the Swedish Public Employment Service of cutbacks in operations that will affect at least five employees. The Swedish Public Employment Service shall be notified:
· at least two months before a cutback in operations that affects at least 25 employees,
· at least four months before a cutback in operations that affects more than 25 but no more than 100 employees,
· at least six months before a cutback in operations that affects more than 100 employees."
(http://www.lo.se/home/lo/home.nsf/unidView/C07E6B9BFBAA279DC1256E6000355512)

Consultación previa con los sindicatos (representantes de los trabajadores): Si

Remarks

Sec 29 EPA, referring to sec. 11-14 of the Employment (Co-determination) in the Workplace Act.

Notificación a la administración: Si

Remarks

According to the website of the Swedish Trade Union Confederation (last update 29.01.09), provisions on notification to the labour administration in case of collective dismissals are contained in the Act on Certain Employment Promoting Measures (not available in English):
"The employer is obliged to notify the Swedish Public Employment Service of cutbacks in operations that will affect at least five employees. The Swedish Public Employment Service shall be notified:
u00b7 at least two months before a cutback in operations that affects at least 25 employees,
u00b7 at least four months before a cutback in operations that affects more than 25 but no more than 100 employees,
u00b7 at least six months before a cutback in operations that affects more than 100 employees."
(http://www.lo.se/home/lo/home.nsf/unidView/C07E6B9BFBAA279DC1256E6000355512)

Notificación a los representantes de los trabajadores: Si

Remarks

Sec 29 EPA, referring to the Employment (Co-determination) in the Workplace Act. See in particular sec. 15 of the Employment (Co-determination) in the Workplace Act:
In conjunction with negotiations regarding a decision to terminate employment due to shortage of work, the employer shall in good time notify the other party in writing of the following matters:
1. the reason for the planned termination;
2. the number of employees who will be affected by the termination and the employment categories to which they belong;
3. the number of employees who are normally employed and the employment categories to which they belong;
4. the time period during which it is planned to carry out the termination; and
5. the method of calculation of any compensation to be paid in conjunction with termination in addition to that which is required by to law or applicable collective bargaining agreements.
The employer shall also provide the other party with a copy of any notices that have been filed with the Employment Service (Arbetsförmedlingen) under the first and second paragraphs of Section 2 a of the Act (1974:13) Concerning Certain Measures to Promote Employment. (SFS 2007:402)

Aprobación de la administración publica o de organismos judiciales: No

Acuerdo de los representantes de los trabajadores: No

Reglas de prioridad para los despidos colectivos (consideraciones sociales, edad, años de servicio): Si

Remarks

Sec. 22 EPA
The EPA establishes mandatory priority rules for the employers: (length of service, then age and then qualifications are the criteria taken into consideration)

Obligación del empleador de considerar solucionés alternativas al despido (transferencia, formación...): Si

Remarks

An employer is according to sec. 7 para. 2 EPA required to provide other work in his service for the employee before establishing an order of priority in connection with termination of employment in sec. 22 EPA. Sec. 7 para 2 EPA provides that: "Objective grounds for notice of termination do not exist where it is reasonable to require the employer to provide other work in his service for the employee."

Reglas de prioridad para la re-contratación: Si

Remarks

Sec. 25- 27 EPA: preferential right to re-employment for a period of 9 months after the terms of employment ceases, provided that the employee made redundant has satisfactory qualifications for the position.

duración de servicio ≥ 6 meses: 0 meses

duración de servicio ≥ 9 meses: 0 meses

duración de servicio ≥ 1 año: 0 meses

duración de servicio ≥ 4 años: 0 meses

duración de servicio ≥ 5 años: 0 meses

duración de servicio ≥ 10 años: 0 meses

duración de servicio ≥ 20 años: 0 meses

Indemnización por despido por razones económicas:

duración de servicio ≥ 6 meses: 0 meses

duración de servicio ≥ 9 meses: 0 meses

duración de servicio ≥ 1 año: 0 meses

duración de servicio ≥ 2 años: 0 meses

duración de servicio ≥ 4 años: 0 meses

duración de servicio ≥ 5 años: 0 meses

duración de servicio ≥ 10 años: 0 meses

duración de servicio ≥ 20 años: 0 meses

Notas / Comentarios

Notas

No statutory severance pay or redundancy pay, but generally provided in collective agreements.

Compensación por despido injustificado - libre determinación de la Corte: No

Compensación por despido injustificado - límites legales (techo calculado en meses o método de calculo): 1) Dismissal is invalid:
Compensation for losses in respect of the period following the cessation of employment may not exceed 6 months' pay for less than 6 years of service, 16 months' pay for less than 5 years of service, 24 months' pay for at least 5 years and less than 10 years, 32 months' pay for ten years of service or more."

2) Dismissal is invalid and the employer refuses to comply with the court decision: employment is terminated and damages shall amount to 6 months' pay for less than 6 years of service, 16 months' pay for less than 5 years of service, 24 months' pay for at least 5 years and less than 10 years, 32 months' pay for ten years of service or more.

Remarks

- The employer is according to sec. 38 EPA liable for damages for loss suffered by the employee as well as pay and other employment benefits to which the employee may be entitled. The economic damages shall however correspond to the employee's actual loss. The employer is furthermore liable for non-economic damages, which is determined according to the the circumstances in the individual case.
- The compensation may however not exceed the amount mentioned in sec. 39 EPA: "6 months' pay for less than 6 years of service, 16 months' pay for less than 5 years of service, 24 months' pay for at least 5 years and less than 10 years, 32 months' pay for ten years of service or more."
- If an employer refuses to comply with a court order that notice of termination or a summary dismissal is invalid, the employer shall according to sec. 39 EPA pay damages to the employee: "6 months' pay for less than 6 years of service, 16 months' pay for less than 5 years of service, 24 months' pay for at least 5 years and less than 10 years, 32 months' pay for ten years of service or more."

Posibilidad de readmisión: Si

Remarks

If an employee has been dismissed, without the dismissal being justified by an objective reason, the employee is according to sec. 34 EPA upon request, entitled to have the dismissal annulled. If the court rules that the dismissal is invalid, the employment continues on the same terms as before. Sec. 37 EPA states that if the Court has ruled that the dismissal is invalid, the employer may not suspend the employee from work as a consequence of the circumstances that caused the notice of termination or summary dismissal.

Conciliación previa obligatoria: Si

Remarks

Labour Disputes Act 1974, Sect. 7: "An action may not be considered by the Labour Court before such negotiations in respect of the issue in dispute as may be requested under the Employment (Co-determination in the Workplace) Act (1976:580) or as are provided for in a collective bargaining agreement, have taken place". Note that negotiations can only take place between the employer and the employee's union that represents him. Individuals do not have the right to negotiate.

http://www.eurofound.europa.eu/eiro/2004/03/tfeature/se0403102t.htm:
For a dispute to be referred to the Labour Court, there must have been a failed attempt to resolve it through negotiations among the social partners at local or sectoral level or through some kind of arbitration.

Corte o Tribunal competente: jurisdicción ordinaria

Remarks

Labour Disputes Act, 1974
The Labour Court has jurisdiction over labour disputes provided that the parties are bound by collective agreements and that they are members of an employers' association or a trade union.
If individual workers want to bring a case on their own, without support from their trade union or because they do not belong to a union, they can only do so in a district court.
Note that in Sweden, around 70 % of workers are union members.

Arbitraje: Si

Remarks

• Labour disputes may be settled through arbitration by agreement. However, certain restrictions apply, such as the restrictions set out in ch.1 sec.3 of the Labour Disputes Act (1974:371).
• Ch.1. sec.3 of the Labour Disputes Act (1974:371): “Disputes to be dealt with under this Act may by agreement be referred for determination by an arbitrator instead. However, this shall not apply to cases referred to in Section 31, first or third paragraph, of the Employment (Co-determination in the Workplace) Act (1976:580). Nor shall any agreement that was concluded prior to the dispute whereby any dispute should be determined by an arbitrator without reservation of the right of the parties to challenge the arbitral award be applied in disputes concerning the right of association or in disputes under
– the Prohibition of Discrimination of Employees Working Part Time and Employees with Fixed-term Employment Act (2002:293); or
– the Discrimination Act (2008:567). (SFS 2008:574)u201d.

• Sec. 31 of the Employment (Co-determination in the Workplace) Act (1976:580): “Where an employer, employee or organisation bound by a collective bargaining agreement has committed a gross breach of such an agreement or of this Act and where such provisions have a fundamental significance on the contractual relationship as a whole, a court may, upon motion of the other party, declare that a collective bargaining agreement by which the parties are bound is no longer applicable to such parties.

Where a collective bargaining agreement has been concluded by several parties on either side or on both sides and where a declaratory judgment has been made under the first paragraph of this Section in respect of only some of them, any other party may, within three weeks thereafter, terminate the agreement on its own behalf with immediate effect.

Where a court determines that particular actions are contrary to a collective bargaining agreement or to this Act, it may, upon application, release an employer, employee or organisation from its obligations under the collective bargaining agreement or this Act, to the extent it cannot be reasonably required that such obligations be fulfilled (SFS 1977:532)u201d.

Duración del procedimiento: 6mes(es)

Remarks

Statistics for 2002.
This figure refers to all the cases brought to the labour court acting as a first instance.
http://www.eurofound.europa.eu/eiro/2004/03/tfeature/se0403102t.htm