For you who are an employer, it can be difficult to know when an employee may be dismissed or what rules must be met before the dismissal is carried out.
An employer may have valid reasons for dismissing an employee. Regardless of whether the dismissal relates to the employee personally or is due to a redundancy, factual grounds for dismissal is always required.
Termination due to personal reasons
If you as an employer feel that the employee has mismanaged their work or find other reasons to dismiss the employee, you must first warn the employee. The warning can be oral or written. However, the warning should be given in writing for evidentiary purposes in cases where the employee would claim that he or she did not receive a warning.
Termination of employment due to redundancy
If you intend to dismiss an employee due to redundancy, you must first examine the employee's position. The employee who has the shortest period of employment must, as a rule, be dismissed first, so-called "last in, first out principle". If, on the other hand, you have a company with a maximum of ten employees, you may exclude two people from the priority list. There are also other exceptions that the employer can make.
Relocation obligation
Before you decide on dismissal due to personal reasons or due to redundancy, you must investigate whether it is possible to relocate the employee within the company. There must be existing vacancies or needs within the company for the relocation to take place.
Union affiliated?
You should find out at an early stage before the notice of termination is given whether your employee is a member of a trade union organization or not. If the employee is unionized, you must notify the union of a possible dismissal. You must also send a negotiation request and negotiate with the union. The dismissal may not be made before the negotiation with the union has ended.
Notice of termination
You as an employer must submit a written notice of termination to the employee. An oral notice of termination may entail liability for damages. There are certain formal rules that must be followed according to the Swedish Employment protection Act. The employer must, among other things, state whether the employee has a preferential right to re-employment, complaints about declaration of invalidity and other important information. If you fail to provide important information, you may be liable for violation the law.
If you intend to dismiss an employee and are unsure of how to proceed, we recommend that you contact us for an initial consultation.
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