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Notice period for job termination

Does the contract set exact time or the minimum?

elk200
post 21.Jan.2014, 10:10 AM
Post #1
Joined: 11.Apr.2012

Dear all,

I've been employed in Sweden for a couple of years, with a contractual notice period of 3 months. Last week, I told my boss I want to quit, the last day being April 30. He now says as I told him on January 17 the last day would be April 30. For various reasons, e.g. including pension, vacation, health insurance in my destination country, April 30 would actually save me a few thousand crowns.

I assumed the contractual notice period would simply set the lower boundary, not the exact time frame. Does anyone know more? (I'm happy with links to Swedish sources, too.)

Thanks!
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LLHope
post 21.Jan.2014, 01:14 PM
Post #2
Location: Stockholm
Joined: 1.Jan.2014

I will assume that you meant your employer said 17th April and not 20th April as you wish.

You cannot choose how long the notice period will be, it is an agreement between you and the employer regardless of what is contracted. The contract is mainly useful when there is a disagreement. You can always agree new terms, but it takes both sides to agree.

If the contract says 3 months, then that is what it is, April 17th. If it says 3 calendar months, then it would be 30th April. Check the wording. Also check if it specifically states that the employee must give 3 months notice or if that is from the employers side only.

It is normal when a contract just states 3 months, that the employer would not (unless there is pressing need) extend that time, why would they pay someone extra when they are leaving?

The only way you could have made sure it was 30th April was by handing in your official notice end of January. You were a little bit early!
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elk200
post 21.Jan.2014, 01:14 PM
Post #3
Joined: 11.Apr.2012

QUOTE (elk200 @ 21.Jan.2014, 10:10 AM) *
He now says as I told him on January 17 the last day would be April 30.

I cannot edit my post anymore, but this of course did not make sense. I meant:
He now says as I told him on January 17 the last day would be April 17.
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cherrybubble
post 21.Jan.2014, 03:42 PM
Post #4
Joined: 17.Oct.2012

This is correct. Most bosses are happy to work around a couple of weeks here and there but it sounds like your boss is acting like a punctilious twat.
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Mo
post 21.Jan.2014, 05:47 PM
Post #5
Location: Stockholm
Joined: 30.Nov.2005

QUOTE (elk200 @ 21.Jan.2014, 01:14 PM) *
I cannot edit my post anymore, but this of course did not make sense. I meant:. He now says as I told him on January 17 the last day would be April 17.


I don't think he can do that - if you give notice you tell him the last day you will be working for him
- in this case you were polite and gave him extra notice, he could presumably decide
he wants you to go earlier and give you notice - in which case I think you could enquire
on what grounds he is dismissing you and sue him for unfair dismissal.

I smell BS
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LLHope
post 21.Jan.2014, 08:41 PM
Post #6
Location: Stockholm
Joined: 1.Jan.2014

QUOTE (elk200 @ 21.Jan.2014, 10:10 AM) *
I told my boss I want to quit, the last day being April 30. He now says as I told him on January 17 the last day would be April 30.

The employer is correct. This is the key statement above, informing your employer should be in writing (in addition to being by voice) stating the last day and requesting a written response. If it was by voice only then you have no/little proof that you requested such a date, if it was in writing and the employer has said last working day 17th April according to 3 months notice in contract, then what is done is done.
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elk200
post 21.Jan.2014, 10:18 PM
Post #7
Joined: 11.Apr.2012

Thank you for the quick replies. This is very helpful already.

To add more detail: On 17 January I told him (in person) how I would like to structure my exit with vacation days, and his reply was basically "we should check with HR if that is even possible". (He doubted I had earned enough vacation days, but he was wrong.) I concluded that we were in agreement on the date - as long as my vacation days were sufficient.

There is nothing in writing from me to him, but there is one e-mail from me to HR from 20 January, in which I wrote that I had announced my resignation to my superiors and that my agreed last day of employment was 30 April - and asked them to confirm that my vacation days were sufficient, which they did. I also forwarded this e-mail to my boss (upon which he now gave me this 17 April bullshit).

My point is that I resigned on 17 January only because I believed us to be in agreement on the dates. Had we been in disagreement I would not have officially resigned until 30 January. While I cannot directly prove our agreement, my e-mail to HR should indicate that at least I believed us to be in agreement.

Any more thoughts on this?
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Ivor stephé
post 21.Jan.2014, 11:17 PM
Post #8
Joined: 20.Aug.2013

So technically, have you been fired?
Or have you resigned?

I know what you planned to do, but I wonder if your boss decided to technically fire you before you before your resignation was complete.
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elk200
post 21.Jan.2014, 11:21 PM
Post #9
Joined: 11.Apr.2012

No, he wrote in an e-mail to me (he is out of the office this week) that my last day would be 17 April, as I had resigned on 17 January, and that I should reflect that in this employment termination form that is used internally. Not firing me, just bending the truth.

If anything, I would prefer being fired, because then I would get a small severance which would probably exceed the financial advantage of being employed 2 weeks longer than he wants me to be now. biggrin.gif
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Ivor stephé
post 21.Jan.2014, 11:32 PM
Post #10
Joined: 20.Aug.2013

Oh well, you live and learn.
I am guessing if you can't talk to him about it, then there is no point wasting your time or breath.

Move on.
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Mo
post 21.Jan.2014, 11:59 PM
Post #11
Location: Stockholm
Joined: 30.Nov.2005

Have you spoken to HR again ? The Union ?
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LLHope
post 22.Jan.2014, 01:11 AM
Post #12
Location: Stockholm
Joined: 1.Jan.2014

The Employer is in the legal right.

Contracted, or if not in contract LAS governed, notice period is valid from the moment you tell the employer you are quitting.

You can only have a different date of departure if that is agreed with the employer.

Employees do not have the right to extend notice period by using saved vacation days without agreement with the employer, unless those days were already booked and approved by the employer (before you gave notice)

Employers cannot force employees to use saved vacation days during notice period without agreement that they run in parallel.

Employers always have the final say with regards when earned vacation can be taken.

If you have saved vacation, and the employer does not agree you can take them, then they must pay you for them latest 1 month after your leaving their employment.

There are two exceptions to these things.
1. You make alternative agreement with the employer. (you haven't)
2. The employer has a collective agreement with a union, doesn't matter if you are a member or not, and that states something different with regards notice periods, vacation times and such.

No written proof of an agreement to extend the leave, then contracted notice is valid.
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elk200
post 22.Jan.2014, 02:14 PM
Post #13
Joined: 11.Apr.2012

Thank you so far. The conclusion seems to be that I would have a hard time proving that he actually originally agreed to all this. I guess, then, I will repeat my request once more, but if he still does not give in I will simply accept the terms and fulfill my contract half-assed until the end.

Just out of curiosity though, I am wondering what would happen if I did as follows: Tell HR on 30 January that I will quit with termination date 30 April; then just leave when I wanted to leave and not return, and just book vacation days in our system as if my boss had confirmed the schedule. I.e. I would not be cheating the company out of money, just ignore any lack of confirmation on vacation days.

In that scenario, I would be taking the risk of him going to court. (I realise this is dumb and juvenile. As I said, it's just a "thought experiment".) I have not yet been in such a situation - what exactly is the worst that could happen? Would such a trial cost me a lot of money (assuming I would lose)? Would it mean a lot of work for my employer? What kind of damages could in theory be claimed?

Thanks.
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