Termination of Employment

Dismissal is a term in labor law that means that the employee is immediately separated from his employment or assignment.

Advantage knows the routines around dismissal

Being dismissed (colloquially being fired/being fired) should not be confused with being fired. Upon dismissal, employment ends immediately, without any notice period.
In order to be dismissed, however, very gross misconduct is required and it is your employer who has the burden of proof.
Dismissal is a very powerful measure and should only be used in serious cases, where the employee grossly neglected his duties.
Unfortunately, it is very common for an employer to wrongly dismiss an employee in ignorance, when it should actually be a dismissal.
It may therefore be a good idea to request a free assessment of your case.

What does the law say about dismissal?

In modern Swedish employment law, dismissal means a unilateral termination of employment by the employer. Dismissal means the immediate termination of an employment contract on the grounds that the employee has neglected his obligations towards the employer so grossly that it is a breach of contract.
• The provisions are found in Section 18 of the Act (1982:80) on employment protection.
In addition to the high requirement of the employee’s breach of contract, as a general rule it is also required that the dismissal is not based solely on circumstances known to the employer for more than two months.
• A dismissal must normally be preceded by the employer notifying the employee in accordance with § 30 LAS (so-called “LAS warning”).
A dismissal, which is not annulled by a court, results in the termination of the employment contract within a very short time, in principle immediately. Dismissal must be in writing and in the notice of dismissal, the employer must state what the employee must observe in the event that he wishes to claim that the dismissal is invalid or claim damages due to the dismissal. The employer is obliged to state, at the employee’s request, the circumstances cited as grounds for the dismissal. If the employee so requests, it must be done in writing. It is up to the employer to prove that he had reason to dismiss, and the requirements for a reason to be valid are very high.

Employment law lawyer who helps you in the event of dismissal

As labor law lawyers, we have experience and expertise in dismissals, regardless of whether the rules for dismissals apply or to invalidate a dismissal.
We help both employees and employers with all questions and matters relating to dismissal, reasons for dismissal and factual basis for dismissal.
Contact us as your lawyer for help or advice on dismissal.

Advantage knows the routines around dismissal

Being dismissed (being fired/being fired) should not be confused with a dismissal. Upon dismissal, employment ends immediately without any notice period. In order to be dismissed, the employee must have grossly violated his obligations towards the employer.

If an employer wrongfully dismisses an employee, the employer risks being liable for damages against the employee.

Some examples of factual grounds for dismissal are refusal to work, unauthorized absence, disclosure of trade secrets, unfair competition, dishonesty and theft or embezzlement.

What deadlines must be considered in the event of dismissal?

The employer may not dismiss the employee solely on the basis of circumstances known to the employer for more than two months before the time of dismissal. If the dismissal takes place due to circumstances that date back more than two months, this may be a reason for the dismissal to be declared invalid.

A dismissal must be preceded by the employer informing the employee of it at least one week in advance. If the employee is part of a trade union, the employer must also notify the employee’s trade union. After the notification of dismissal, the employee may be released from work, i.e. go home with pay.

Employment lawyers and lawyers who help you in case of dismissal

As employment lawyers and lawyers, we have the experience and expertise regarding dismissals. We help both employees and employers with all questions and matters related to dismissal.

Contact us as your law firm for help and advice on severance.