The Employment Protection Act (LAS) (1982:80) constitutes a central part of labor law and regulates the relationship between employers and employees in Sweden. LAS aims to secure employment security for employees by establishing rules and procedures for employment contracts and terminations. By establishing clear guidelines for employment relationships, the law seeks to promote fairness and balance in the workplace.
LAS contains regulations about the employment relationship. The law provides protection for you as an employee and your employment. Therefore, the law regulates, among other things, how you can be terminated - both for personal reasons and for reasons of work shortage, rules of seniority to be considered in case of termination due to work shortage, priority right to reemployment, types of employment forms, the employer's obligation to offer redeployment, how you as an employee should act in a dispute with the employer, and much more. LAS is therefore a fundamental part of Swedish labor law and important to be aware of in order to safeguard your rights against your employer.
Yes, if you are an employee. All employees are covered by the provisions of LAS with a few exceptions. If there is an employment relationship with an employer, the rules will be applicable. Employees who are employed for work in the employer's household and employees who are employed in a vocational apprenticeship are exempt from LAS in its entirety. Persons in a managerial position, such as CEOs, employees who are part of the employer's family, and employees who are employed with special employment support, in sheltered work, or with wage subsidies are also exempt from most provisions.
I want to agree with my employer on better conditions than those in LAS, is that possible?
Yes. LAS represents a minimum standard, but there is nothing preventing an employee and an employer from agreeing on conditions that go beyond LAS and are favorable to the employee.
No, it is not possible to waive the provisions of LAS in an individual employment agreement. LAS represents a minimum standard and is the basic protection for employees, so it cannot be waived. If such an agreement is made anyway, it will be invalid to the extent that it contradicts LAS and is detrimental to you as an employee. The provisions of LAS will take effect and apply instead of the invalid clauses. However, it is possible to waive certain provisions in a collective agreement.
Yes. LAS represents a minimum standard and is the basic protection for an employee's employment. This means that you cannot waive LAS in an employment agreement, and as employers, you must observe LAS in all measures regarding the employment. There are several provisions that can be waived or modified, but only through a collective agreement. If you are bound by a collective agreement, certain rules may therefore be different for you. It is always possible to agree on conditions that go beyond LAS and are advantageous to the employee.
If you as employers do not comply with the provisions of LAS, it can result in you having to pay significant damages in the worst case. An employee can bring a claim against you as employers if you fail to comply with the rules regarding the grounds for dismissal. In that case, you may be required to pay general damages due to the violation committed against the employee, and economic damages due to the economic loss suffered by the person. Therefore, it is very important to consider the provisions of LAS in all measures regarding an employee.
LAS is also subsidiary, which means that if there are deviations in other laws or regulations, those take precedence over LAS. This applies, among other things, to certain measures regarding public employees.
LAS sets the framework for the actions of employers and the measures that you as employers must take in relation to an employee's employment. LAS includes provisions that govern how a termination can be carried out, both for personal reasons and for work shortage. Furthermore, rules of seniority are determined, which are crucial in case of termination due to work shortage. In addition, the employee's priority right to reemployment is established, which is an important aspect for you as employers to consider in new recruitments. LAS also includes the different types of employment forms that exist and establishes the employer's obligation to investigate the possibility of redeployment before termination. These are just a few important provisions, and LAS also regulates other aspects of the employment relationship.
For employers, it is therefore crucial to comply with LAS and its provisions carefully in order to avoid legal disputes and to ensure a fair and proper treatment of employees. By having a good understanding of LAS and its meaning, employers can ensure a healthy and trusting relationship with their employees and avoid potential legal complications.
