CDD reglementés: Oui

Motifs autorisés de recours au CDD: aucune limitation

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.

Nombre maximum de CDD successifs: aucune limitation

Durée cumulée maximum de CDD successifs: 24mois

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 travailleurs sous CDD: 15.8

Remarks

Source: Eurostat, annual average for 2010.
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."

Durée maximale de la période d'essai (en mois): 6 mois

Remarks

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

Obligation d'informer le travailleur des raisons du licenciement: Oui

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.

Motifs autorisés (licenciement justifié): tout motif légitime

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.

Motifs prohibés: grossesse, congé de matérnité, responsabilités familiales, couleur, sexe, orientation sexuelle, nationalité/origine nationale, âge, affiliation et activités syndicales, handicap, accomplissement du service militaire ou civil, congé parental, identité de genre, exercice du droit au congé éducation, origine ethnique

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)

Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs

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.

Définition du licenciement collectif (nombre d'employés concernés): 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)

Consultation préalable des syndicats (représentants des travailleurs): Oui

Remarks

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

Notification à l'administration publique: Oui

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)

Notification aux représentants des travailleurs: Oui

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)

Autorisation de l'administration publique ou d'un organe judiciaire: Non

Accord des représentants des travailleurs: Non

Règles de priorité pour l'ordre des des licenciements collectifs (situation sociale, âge, ancienneté): Oui

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)

Obligation de l'employeur d'examiner des solutions alternatives au licenciement (transferts, formation...): Oui

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."

Règles de priorité de réembauche: Oui

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.