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Tjänstledig In Sweden

How does it work?

Somebody
post 21.Mar.2013, 09:23 PM
Post #1
Joined: 17.Oct.2011

Hi there,
Just wondering if I take Tjänstledig here and start working
abroad for the company doing the same type of work, but for example for UK market.

Is it still considered as working for competition or not?
worth mentioning my current company has nothing to do with UK market.

As far as I am aware it is not allowed to work for competitors, but how about this particular case?
I guess it should be ok.
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Yorkshireman
post 22.Mar.2013, 07:56 AM
Post #2
Joined: 22.Nov.2011

Are you sure that you actually can take tjänsteledig at-all? The tjänsteledig that is allowed in law and your job protected, is only with regards education, as far as I remember. Many Kommun and public authorities often offer the possibility with regards another job, but I am quite sure that unless it is somehow written into the collective agreement your employer has with a Union then you would not qualify. Employers are not fond of the latest idea about extending the law to the private sector with regards testing other jobs, with good reason ... if you go to test another job with another company ...you have already directly/indirectly told you employer you intend to leave sooner or later ...why the heck would I want to keep you then biggrin.gif ...I would start creating your exit plan immediately and find a replacement, one way or another, I would have you out and someone that wants the job In. Think about the message you send!
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PDX
post 22.Mar.2013, 08:45 AM
Post #3
Location: Stockholm
Joined: 2.Aug.2011

QUOTE (Somebody @ 21.Mar.2013, 10:23 PM) *
As far as I am aware it is not allowed to work for competitors, but how about this particular case?. I guess it should be ok.

It's not about the markets only. How do you morally consider working for another company in the same field, while still having access (and representing) your current employer, their IPRs etc ?

The legal implications are complex; ideally you would like to have a permission to do this in writing, but then no employer is ever going to grant such a permission in writing unsure.gif

~~~PDX~~~
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Somebody
post 20.Jun.2013, 07:50 AM
Post #4
Joined: 17.Oct.2011

Thanks for your feedback guys. I appreciate it.

What about a tax residency when on Tjänstledig and living abroad?

I guess that I am treated as if I have left the country for good, right?
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Kibiri
post 20.Jun.2013, 08:44 AM
Post #5
Joined: 1.Jun.2008

QUOTE (Yorkshireman @ 22.Mar.2013, 08:56 AM) *
Are you sure that you actually can take tjänsteledig at-all? The tjänsteledig that is allowed in law and your job protected, is only with regards education, as far as I reme ... (show full quote)

QUOTE (PDX @ 22.Mar.2013, 09:45 AM) *
It's not about the markets only. How do you morally consider working for another company in the same field, while still having access (and representing) your current emplo ... (show full quote)

My employer grants such permission to employees every now and then. I had a colleague in my group who did that. She was ready to quit, and management basically said "go try that new job for a year and if you don't like that much, come back to us" by giving a tjänstledig. Obviously this depends on the particular employee & employer, and one needs to negotiate.
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skogsbo
post 20.Jun.2013, 10:35 AM
Post #6
Joined: 20.Sep.2011

I've heard of some companies in some fields, getting rid of folk instantly if they discover this, as they don't want people taking contract or sensitive information to their competitors. A company my partner worked for, would have their IT log in cancelled immediately and they would finish work that day, then just be given gardening leave to cover their contractual notice period.

There was a case a year or 2 ago here, with LRF Konsult, where several of the agents, sales staff and some legal people all left at the same time, just by chance, then just by chance client lists were found to have disappeared and also just by chance many of them starting working together at the same rival companies... It all went legal to the courts, but I never kept track of the outcome. So companies are very risk aware.
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Somebody
post 20.Jun.2013, 10:46 AM
Post #7
Joined: 17.Oct.2011

It is normal in my comapany and stated clearly in the handook.

Does anybody know how this relates to the tax residence?
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skogsbo
post 20.Jun.2013, 10:52 AM
Post #8
Joined: 20.Sep.2011

I would check small print, do they have to give you your exact old job back, or just a comparable job? You may find you get sidelined on your return, but only you will really know this and sense the vibe.
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Somebody
post 20.Jun.2013, 02:41 PM
Post #9
Joined: 17.Oct.2011

relax guys...stop worrying
it's not your jobs we are talking about here...I know it is hard to get a job here and
losing your job is probably your worst nightmare, but please, try to avoid writing OT wink.gif

Anyway, if I decide to leave there is a very low chance I will ever come back to Sweden, but I want have this option because it is available to me..
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skogsbo
post 20.Jun.2013, 03:57 PM
Post #10
Joined: 20.Sep.2011

QUOTE (Somebody @ 20.Jun.2013, 02:41 PM) *
, but please, try to avoid writing OT wink.gif

you'd be surprised how un-over the top it is. Whilst legal and contractually they may keep a post open for people taking extended unpaid leave etc. but often they don't have to give you back the same job, only a similar post, which is of course open to debate.

But, good luck in whatever you do, just always have a plan B and C !! smile.gif
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