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Can employer withhold pay for any reason?

Misconduct on final day of work

thinkbullets
post 25.May.2017, 06:37 PM
Post #1
Joined: 25.May.2017

My employers is refusing to pay my last month salary and is accusing me of misconduct on my last day. Even if guilty is it legal for him to not pay me?
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wallace1837
post 25.May.2017, 06:40 PM
Post #2
Joined: 21.Oct.2012

QUOTE (thinkbullets @ 25.May.2017, 06:37 PM) *
My employers is refusing to pay my last month salary and is accusing me of misconduct on my last day. Even if guilty is it legal for him to not pay me?

Swedish employer can abuse their non EU workers as much as they want and without fear of any legal consequences.

You are in deeper problem than your employer, especially if you ever want to stay in Sweden and want to extend your work permit on day.
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thinkbullets
post 25.May.2017, 06:43 PM
Post #3
Joined: 25.May.2017

Sorry should mention, I am an EU citizen and I quit because I am returning home.
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hatim
post 26.May.2017, 11:10 AM
Post #4
Location: Stockholm
Joined: 31.Dec.2010

QUOTE (thinkbullets @ 25.May.2017, 07:43 PM) *
Sorry should mention, I am an EU citizen and I quit because I am returning home.

It depends upon the situation and your contract. If you didn't finish every thing that you were suppose to (for example a carpenter doing renovation didn't finish every thing that was agreed upon should not expect full payment)
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Bsmith
post 26.May.2017, 05:07 PM
Post #5
Joined: 25.Jun.2009

I'm kind of curious...okay, just plain nosy, but what did you do on your last day of work? Moon the boss?
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LLHope
post 27.May.2017, 07:06 AM
Post #6
Location: Stockholm
Joined: 1.Jan.2014

QUOTE (wallace1837 @ 25.May.2017, 06:40 PM) *
Swedish employer can abuse their non EU workers as much as they want and without fear of any legal consequences.

The law is the same for employers regardless of whether you are a non-EU employee or not!
If you look from the other side of the fence, there are many Swedish Citizens and other residents that certainly would not consider the fact that employers must provide a minimum pay + pension (or compensation for pension) as abuse rolleyes.gif ...just as you are legally obliged to check your payslip to make sure it states the correct deductions and payment (how quick do you tell your employer if pay is lower than expected?), knowing there are other requirements that bind a work permit ...do you bother to check to make sure they are met? It is easy to whine and blame others for one's failings wink.gif

QUOTE (hatim @ 26.May.2017, 11:10 AM) *
It depends upon the situation and your contract. If you didn't finish every thing that you were suppose to (for example a carpenter doing renovation didn't finish ever ... (show full quote)

It certainly does depend upon what is written in the contract in the scenario presented by the above quote! If the person was employed as a carpenter, and the employer with the contract for the renovation ... the carpenter could turn up for work, twiddle thumbs all day, watch TV etc... and the employer could only deduct pay if the employment contract specifically states something like "pay based upon completed work" or similar. If it does not, then just the fact you turn up means you must be paid.

OP, not paying an employee is one of the cardinal sins in Sweden. In general, your employer absolutely cannot withhold pay. Just because you messed around at work, you could have insulted & swore at your boss, still doesn't give grounds for not paying your salary. The option the employer has is to give written warnings, then ultimately build grounds for termination of contract. Withholding pay is not one of those options!

Tell your employer that you will pass the unpaid salary debt to Kronofogden for action.
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Svedallas
post 1.Jun.2017, 11:24 PM
Post #7
Joined: 21.Apr.2016

QUOTE (wallace1837 @ 25.May.2017, 07:40 PM) *
Swedish employer can abuse their non EU workers as much as they want and without fear of any legal consequences. You are in deeper problem than your employer, especially if yo ... (show full quote)



QUOTE (Uncle Fred @ 30.May.2017, 04:31 PM) *
It shows The Local forum has reached new lows if the best we can come up with is a troublesome has been.


Frankly, yes. It costs employers much more - so he/she is probably safeguarding extra costs that it took to have you as an employee. There is tax, paying social security etc..so just quitting without notice, seems fair on his part.

If you had a contract - and it was all stipulated, then you could contest it. Otherwise, best to let it go. Move on.
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