LAS, or the Employment Protection Act, is an important Swedish legislation that regulates employment protection for workers. The purpose of LAS is to create security in the employment relationship by establishing rules on dismissal, notice periods and opportunities for reassignment in the event of dismissal. The law protects workers from being laid off without valid reasons and is a central part of labour law in Sweden.
LAS plays a critical role in protecting employees from arbitrary dismissals. Under the law, employers must have a factual basis for dismissing an employee, which means that as an employee, you cannot get rid of your job without a reasonable reason. Usually the grounds for dismissal are either lack of work or personal reasons, such as failure of the employee to fulfill his duties.
For employers, LAS is also important because it allows flexibility when it comes to reorganizing operations when necessary. Through LAS, employers can ensure that they can make the business decisions needed to keep the business competitive, while complying with the law's rules on how redundancies are to proceed. For more detailed information about the Act, please refer to the Swedish Tax Agency's website.
Tenure is an important factor in LAS as it affects employee rights. The longer you have been employed by an employer, the stronger the protection you have under the law. This is especially true in the case of dismissal due to lack of work, where the principle of “last in, first out” is often applied. This means that the person who has been employed the shortest time is usually the first to leave in the event of downsizing, but there are some exceptions, especially if there are collective agreements that specify other rules.
Tenure time also affects notice times and means employees with longer tenure are entitled to longer notice periods, giving them more time to prepare and find new work.
An important aspect of LAS is that employment is generally valid until further notice unless otherwise agreed, which means that you as an employee have a certain notice period if you want to terminate your employment or if the employer terminates you. The notice period may vary depending on what is stated in your employment contract or any collective agreement at the workplace. If there is no specific agreement, at least one month's notice period according to LAS applies.
If a dismissal occurs due to a lack of work, the employer should adhere to the principle “last in, first out”, but there are exceptions. Collective agreements can give the employer and union the ability to agree on other rules for which employees are allowed to go first. This may mean that employees with particular skills or experience may be prioritised to be allowed to stay on despite shorter tenure.
This structure is designed to give employees a reasonable amount of time to adjust to a layoff, especially if one has been employed for an extended period of time. It also gives employers a clear framework to follow when they need to implement changes in the workforce.
LAS balances two important aspects of working life — security for the employee and flexibility for the employer. For workers, it provides strong protection against being laid off without a reasonable basis, and for employers, the law offers a structure for how layoffs can take place fairly, allowing adaptation to changing business needs.
By complying with the LAS, companies and organizations can ensure that they both protect their employees and maintain a fair and sustainable work environment.
