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The Swedish rules around hiring and firing that could spark a political crisis

What are the Swedish employment law changes that are being argued about – and why could they spark a government crisis? The Local explains.

The Swedish rules around hiring and firing that could spark a political crisis
Currently, the most recently hired employees are at biggest risk of redundancy. Photo: Isabell Höjman/TT

What's the Employment Protection Act?

This is the law that is under review. It outlines the rules for hiring and firing within Swedish businesses, and also contains regulations for employment contracts. In Swedish, it is called Lagen om anställningsskydd, and is usually referred to simply as LAS. 

One of the key principles is 'last in, first out' when it comes to redundancies. In other words, if a company needs to restructure or cut jobs, they should work from the principle that the most recently hired person is the first to go. There are exceptions, such as if that employee performs a key role that can't easily be done by someone else.

The government ordered a review into the law, the results of which were shared in June. They've been welcomed by centre-right parties and businesses, but received criticism from trade unions and the Social Democratic Prime Minister as well as other left-of-centre parties.

Why is it being reviewed?

It was part of the so-called January Agreement, a deal drawn up between four parties to ensure that Sweden's government could rule and put an end to post-election deadlock.

In order to get the passive backing of their former centre-right rivals the Centre and Liberal parties, the centre-left Social Democrat-Green government agreed to a review of the employment law.

In the agreement, the government pledged to “modernise the Employment Protection Act to adapt to the present-day labour market while maintaining a basic balance between the actors in the labour market”.

“The law should give businesses flexibility and protect individuals against arbitrary dismissal,” the January Agreement said. 

Specifically, it asked for proposals giving clear exceptions from the 'last in, first out' rule, to reduce the costs of dismissal for small businesses, lay out the responsibility of employers for skills development, and create a balance in job protection for people on different kinds of contracts. 


Photo: Lieselotte van der Meijs/imagebank.sweden.se

What did the review say?

The review suggested that all companies, regardless of size, should be able to exempt up to five employees from the 'last in, first out' principle during any rounds of layoffs. Currently, companies with more than ten employees may exempt up to two, and smaller companies must follow the principle.

And age would no longer be a factor. In cases where two employees have been at the company an equal length of time and one must be laid off, currently the youngest employee has to leave. Under the new proposals, the employer would be able to make their own decision.

It also suggested making the rules stricter when it comes to giving an employee a new position rather than lay them off. Instead of being allowed to take new qualifications, as is allowed under the current rules, the person would need to be able to take on their new responsibilities straight away.

Another big proposed change was that in small companies, those with fewer than 15 employees, it would not be possible for a dismissal to be declared invalid. That means that in the case of any disagreement, the company would not have to pay the salary of the affected employee until the issue was resolved, as is the case today. For larger companies, they would only have to pay out the salary in the event of a court decision declaring the dismissal invalid, and not during the time of the dispute.

WORKING IN SWEDEN:

What are the arguments for and against?

The 'last in, first out rule' may lead to less labour market mobility. For example, it could dissuade employees from changing jobs because they would then risk being the last person in. And it means that the highest performing individuals aren't necessarily those who keep their jobs in times of difficulty. Företagarna, an organisation representing business-owners, welcomed the proposals, saying current rules hinder company growth and give flexibility. 

But there's a risk that giving managers the say in who is affected by layoffs could lead to discrimination, or would go against the government directive to protect individuals from arbitrary dismissal.

Sweden's trade unions are very strong, and generally say they prefer to negotiate employment terms themselves. The Swedish Trade Union Confederation has said that the new proposals make it more difficult for them to carry out negotiations.

Prime Minister Stefan Löfven of the Social Democrats was critical of the proposals. 

“The balance between [employers, employees and unions] has not been upheld,” he told Aftonbladet at the time.

What happens now?

The January Agreement stated that if the different parties involved in the labour market were satisfied with the proposals, they would come into force from January 2021. But if no such agreement was reached, it stated that instead the government would put forward proposals on the basis of the other parties' suggestions.

Negotiations between The Swedish Trade Union Confederation and the Confederation of Swedish Enterprise broke down in the early hours of October 1st, so the matter is currently in the hands of the politicians.

This could spark a government crisis, with the Left Party vowing to put forward a vote of no confidence in parliament if the ruling Social Democrats press ahead with the matter. But if the Social Democrats do not do so, they risk angering their Centre and Liberal partners.

At the time of writing, all three latter parties have said that they would be open to allowing the unions and businesses more time to work out an acceptable compromise, so it is currently unclear what will happen.

Have you got a question about working in Sweden, or want to share your own experience? Perhaps you were a victim of the 'last in, first out' principle, have experienced discrimination at work, or have set up your own business? The Local is here to help you navigate life in Sweden and raise your voice, so please get in touch.

Member comments

  1. It’s ok to update articles but please clearly mark what’s the updated part. I read this article when it came out in June and now I couldn’t understand which one is the new part or what is the new information that the update means to deliver.

  2. Hi Renato, that’s great feedback, thank you! We’ll keep that in mind for the future. In this case, most of the updates are in the “what happens now” section, so we now know that negotiations between the labour market groups have broken down (whereas in June they hadn’t yet got under way).

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For members

WORKING IN SWEDEN

CHECKLIST: Here’s what you need to do if you move away from Sweden

What authorities do you need to inform before you leave, are you liable to Swedish tax and how can you access your Swedish pension? Here's a checklist.

CHECKLIST: Here's what you need to do if you move away from Sweden

Tell the relevant authorities if you’re leaving for more than a year

If you’re planning on leaving Sweden for more than a year, you will have to let the authorities know. The main authorities in question are Skatteverket (the Tax Agency) and Försäkringskassan (the Social Insurance Agency).

Försäkringskassan

You have to tell Försäkringskassan when you leave so they can assess whether or not you still qualify for Swedish social insurance. As a general rule, you aren’t eligible for Swedish social insurance if you move away from Sweden, but there are exceptions, such as maternity or paternity benefits if you’re moving to another EU country.

This also applies to any family members who move with you – any over-18’s should send in their own documentation to Försäkingskassan about their move abroad. If you’re moving abroad with anyone under 18, you can include them in your own report to Försäkringskassan.

If both legal guardians are moving abroad together, both need to include any children in their application. If one legal guardian is moving abroad and the other is staying in Sweden, you need the guardian staying in Sweden to co-sign your application. If you are the sole legal guardian of any under-18’s travelling with you, you don’t need any documentation from the other parent.

You can register a move abroad with Försäkringskassan on the Mina sidor service on their website, here (log in with BankID).

Skatteverket

If you are moving abroad for a year or longer, you also need to tell the Tax Agency. This also applies if you were planning on moving abroad for less than a year but ended up staying for longer.

If you move to another Nordic country, you will also need to register your move with that country’s authorities if you will be there for six months or more. You’ll be deregistered from the Swedish population register the same day you become registered in another Nordic country’s register.

This doesn’t mean that you’ll lose your personnummer – you’ll still be able to use it if you ever move back to Sweden – but you will no longer be registered as resident in Sweden.

Similarly to Försäkringskassan, you will also need to report any children you are bringing with you, and both legal guardians must sign the form, whether or not both guardians are moving abroad or not.

In some cases, you may still be liable to pay tax in Sweden even if you live abroad – particularly if you are a Swedish citizen or have lived in Sweden for at least ten years. This could be due to owning or renting out property in Sweden, having family in Sweden, or owning a business in Sweden.

You can tell the tax agency of your plans to move abroad here.

Contact your a-kassa, if relevant

If you are member of a Swedish a-kassa (unemployment insurance), make sure you tell them that you’re leaving the country. As a general rule, you have unemployment insurance in the country you work in, so you will most likely have to cancel your a-kassa subscription.

If you are moving to another country with the a-kassa system, such as Denmark or Finland, it may pay to wait until you have joined a new a-kassa in that country before you cancel your membership in Sweden.

This is due to the fact, in some countries, you only qualify for benefits once you fulfil a membership and employment requirement. In Sweden and Denmark, you must have been a member for 12 months before you qualify. In Finland, the membership requirement is 26 weeks.

If you qualify for a-kassa in Sweden before you leave the country, you may be able to transfer your a-kassa membership period over to your new a-kassa abroad and qualify there straight away, but this usually only applies if your period of a-kassa membership is unbroken.

Check what applies in your new country before you cancel your membership in Sweden – your a-kassa should be able to help you with this.

Contact your union, if relevant

Similarly, if you are a member of a Swedish union or fackförbund, let them know you’re moving abroad.

If you’re moving to another Nordic country, they might be able to point you in the direction of the relevant union in that country, if you want to remain a member of a union in your new country.

If you’re moving to another EU country, you may be able to remain a member of your Swedish union as a foreign worker with the status utlandsvistelse.

If you chose to do this, you will usually pay a lower monthly fee than you do in Sweden, and they can still provide assistance with work related issues – although it may make more sense to join a local union in your field with more knowledge of the labout market.

If you don’t want to be a member of a union in your new country and don’t want to be a member of a Swedish union, you should contact your  union and ask them to cancel your membership.

Collect relevant documents regarding your Swedish pension

If you have worked in Sweden and paid tax for any length of time, you will have paid in to a Swedish pension. You retain this pension wherever you move, but you must apply for it yourself.

To do so, you will need to give details of when you lived and worked in Sweden, as well as providing copies of work contracts, if you have them. If you have these documents before you leave Sweden, make copies so that you can provide them when asked.

If you move to the EU/EES or Switzerland, you may also have the right to other, non-work based pensions, such as guarantee pension for low- or no-income earners, or the income pension complement (inkomstpensionstillägg).

Currently, you can receive your Swedish pension once you turn 62 – although there is a proposal in parliament due to raise pension age to 63 for those born after 1961 from 2023, so this may change.

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