Termination

Termination is a term used in employment law and contract law. The term means that one party in the contractual relationship, for example between employer and employee, wants the contractual relationship to end.

What does the law say about termination?

Within labor law, termination of employment contracts is regulated by LAS (1982:80), collective agreements or individual agreements (unless the individual agreement restricts the employee’s rights, according to §2 2nd).
However, according to §1, LAS does not apply to all employees. Excluded are:

• Company management
• Family members
• Domestic workers
• Employees who are employed with special employment support, protected work or in developmental employment

Termination can be done either by the employer or the employee and means that an employment contract ends after a certain period of time (often called the notice period).

LAS § 8, paragraph 2:
“In the notice of termination, the employer must state what the employee must observe in the event that the employee wishes to assert that the termination is invalid or claim damages due to the termination. The notification must also state whether or not the employee has preferential rights to re-employment. If the employee has priority rights and notification is required for the priority rights to be asserted, this must also be stated.”
• The requirement that the notice of termination be in writing and contain references to follow-up only applies to terminations from the employer’s side. The law does not regulate the form or content of a dismissal from the employee.

Advantage Advokatbyrå knows the procedures around termination

WHAT ACTUALLY APPLIES TO A TERMINATION?

A termination from the employer must always be in writing and delivered to the employee personally.

Until the employment actually ends, a period of notice runs and during this time special rules apply.

We help you with questions about, for example:

Termination of employment due to redundancy
Termination without valid reasons
Self-termination (termination at own request)
Notice of termination
What applies to the notice period
If the employee terminates himself, the termination does not need to be justified or in writing to be valid, while a termination from the employer must always be in writing and based on objective reasons.

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