What is an hourly-paid employment and what applies in the event of dismissal?
According to the Swedish law, hourly-paid employment is not an employment status, it only means that the salary is paid per hour and that each occasion in which the employee works is counted as a separate employment opportunity. According to the Swedish Employment Protection Act (1982: 80), an hourly-paid employment can be equated with a fixed-term employment or a fixed-term employment. For example, if an employee is hired to work a few hours in one day and a few hours the following day, the work shifts are to be considered as two different fixed-term jobs. The employment status of an employee should be stated in the employment contract.
An hourly employment does not have a notice period because the employment lasts as long as the employer prepares the employee for work with him or her, ie. the employment lasts as long as the employee has a work shift booked. If an employee is already booked on a work shift as an "hourly-paid employee", the person needs to work during the scheduled time. If there are no booked passes in the schedule, the employee can end the working day.
If, on the other hand, the employee is a substitute or has a fixed-term employment, he or she can not terminate his employment prematurely. The starting point according to the Swedish Employment Protection act is that fixed-term employment or fixed-term employment is not terminable.
Can an hourly-paid employment be shifted to a permanent employment?
If an employee has had a general fixed-term employment as an employment status, the employment is transferred to a permanent employment if the employee has been a fixed-term employment with the same employer for more than two years during a five-year period. This also applies if the employee has a fixed-term employment or a temporary position.
Since an hourly-paid employment is not an employment status, the employee should first find out what employment status he or she has according to the act. Then you can calculate whether the employment should be transferred to a permanent employment or not.
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