(edit title) What can I do regarding an employer who has lied! What can a union do for me? Options

[muir318]

Hello guys!
Here is my situation! I worked for a company for little over one and a half years! In december my boss approached me and said he was having to lay me off temporarily until febuary or march due to not having much work over the winter period but i would be back in febuary/march This was said a few times to me by my boss! On my last day we shook hands and again he said he would call in febuary or march!
So i hadn't heard a thing from him and i sent him numerous messages and calls to ask what is going on regarding me starting back at work and all have been ignored and no reply from him so he has no intention of taking me back!(It seems he has took the cowardly route on getting rid of me)
Now the firm is a fairly large firm with different construction divisions and i know they have lots of work as i have a friend who still works for them! I have also found out there was a guy who started working at the company(Does the same job as me) long after i started there(Around 6 months after me) Who has been kept on by my boss because apparently he worked with my boss in another company a while back( I presumed last in first out?)So favoritism maybe?
I haven't had any verbal or written warnings at all from the company and as far as i was aware they where happy with my work etc!
So where do i stand if i took this to a union? Could i get money from the company due to lost earnings or money i could have been earning with them!?( the reason i ask this is that i have turned down other jobs on the fact i would be back working again with them!
Luckily enough i have a new job start with another company now but i want to take this as far as i can!
All help and advice would be great
Thanks

[johnjohn]

Time to move on.

[Puffin]

did you not get union advice before you were laid off?

need to aaproach the union at HQ or regional level

[Puffin]

Basically the guy has made you redundant and been able to circumvent all of the normal rules as he persuaded you to agree to it

[mångk]

Unfortunately your situation is very difficult due to your written agreement to end the contract.

A union may not offer the best advice given you are not a member, but would certainly be the best starting point.

After that seek advice from a suitably qualified lawyer.

Terrible situation that you are in. I hope things improve for you soon and you find another job!

[serverax]

Nothing mate !just contact the union !

[Yorkshireman]

You haven't mentioned if You actually had a written contract of employment or not?

This all sounds like verbal agreements?

Under Swedish employment law, even verbal agreements/statements of intent from Managers are binding, the only issue there is proving it, You need clear witnesses,
and it would have to be heard in Arbetsdomstol.

If You were a member of the Union, they could help You, if not then Your only course of action again is Arbetsdomstol. Not easy.

If You had a written contract, and signed an agreement to leave, then that is binding.

If YOu had a written employment contract, then after 1,5 years You are entitled to 3 months notice period, and during that notice period they must pay You. Unless You signed it away by technically quitting.

When it comes to employment, always, always have things in writing ... and unless You have been offered something hefty in a package, never sign an agreement where You quit! You sign away so many rights by doing that

[muir318]

Thanks for the replies guys!
I signed a contract when i first joined the company in my first few weeks there! I presumed it was just for my months trial with them!After i was kept on i asked about signing a full time contract and my boss stated i had already signed it when i had started with them and that was it!
when my boss approached me to say i was getting laid off temporarily i signed a paper stating we had discussed this but it didn't state on it any restart dates etc(I have a copy of this) I trusted the guy so i didn't have any reason to ask about it as i genuinely thought i would be back working with him again! all the other stuff was verbal like i would be re employed in febuary march etc etc.

Regarding the union i asked the other two fellow workers in my team about jointing one and they stated i couldn't as i didn't have the swedish equivalent job certificate of my trade and i believed them (A bit silly i know but i was new in the country and didn't know a thing)So i left it at that!

@Yorkshireman
So do you reckon i could be due a minimum of 3 months pay relating to the notice period the didn't give me?
I didn't quit in any way at all as i have a very young son 14 months and bought/ moved into a new apartment a few months prior to my boss approaching me!And he knew all about this also!!

any other info or advice would be great
Thanks

[muir318]

I have the papers i signed when i started with the company and the ones i signed when i was laid off!!
If anyone needs any info from these to give me better advice please feel free to ask..

[Somebody]

BTW if we are talking about the subject.
what is required notice period for first 2 years of employment for an employee and an employer?
I have a written permanent contract but it does not mention this issue.

[Yorkshireman]

1st. If You are not a paying member of the union then they cannot help You. Otherwise there would not be any need for anyone to pay to join a Union!

2nd. I feel I need to apologise I am so used to writing/seeing contracts where I has 1 month notice for provanställning, and minimum 3 months afterwards, that I forget there are contracts without it written

If it is not written specifically into the contract then the base employment law rules count, which is:

Provanställning 2 weeks in notice
0->2 years 1 month
2->4 years 2 months
4->6 years 3 months
6->8 years 4 months
8->10 years 5 months
10+ years 6 months

If the contract You have actually states anything less than this, then the law counts not the contract value.

Check the contract carefully, it may refer to either the collective agreement, even if You are not in the Union sometimes an employer will still give equal conditions to non-union members.

[Yorkshireman]

I have the papers i signed when i started with the company and the ones i signed when i was laid off!!. If anyone needs any info from these to give me better advice please feel free to ask..

Feel free to PM Me the texts of the contracts You signed and I can look at them. I suspect however that You may have signed away some of Your rights when you signed the paper in December.

[Puffin]

What was it you signed when you left?

Was it an agreement to be laid off? Were there references to guarantees of re-employment?

Were you formally made redundant?

Have you been in contact with Arbetsförmedling and registered yourself as unemployed and looking for work? There may be problems if there is a perception that you made yourself voluntarily redundant

I think though - sadly - it seems that your employer has pulled a fast one on you - taken advantage of the fact that you
- didn't know your rights
- were not in the Union

So I think you need to look around for a new job