Uppsägningsförfarande

Uppsägningsförfarande refers to the legal process and set of rules governing the termination of an employment contract in Sweden. This process is primarily regulated by Swedish labor law, notably the Employment Protection Act (Lagen om anställningsskydd - LAS). The purpose of the uppsägningsförfarande is to ensure that dismissals are fair, lawful, and conducted in a manner that respects the rights of both the employer and the employee.

There are two main grounds for termination: personal reasons (personliga skäl) and redundancy (arbetsbrist). Personal reasons typically relate to the employee's conduct or performance, such as repeated misconduct, breach of contract, or inability to perform duties. Redundancy occurs when the employer's operational needs change, leading to a reduction in workforce.

Regardless of the grounds, an employer must follow specific procedures. This usually involves a pre-termination meeting (överläggningsmöte) with the employee to discuss the potential termination and explore alternatives. The employer must then formally notify the employee of the termination in writing, stating the reasons and the notice period. Employees typically have a notice period of one month, which can be extended based on collective agreements or length of service. During the notice period, the employee generally continues to work and receive their salary. Employees have the right to challenge a dismissal, and if successful, the termination may be deemed invalid.