Employment Protection (LAS) – Tracking on the Staff Record

The Swedish Employment Protection Act (LAS) has deadlines that are easy to miss when you have many fixed-term and on-call staff: when a fixed-term job becomes permanent, when a probationary employment must be ended and when a notice must be given. Vendion works this out for you from the staff record, the employment agreements and the shifts the person has worked.

Where to find it

Go to Personal ▸ Personal, open a person and the Översikt (overview) tab. The card is called Anställningsskydd (LAS).

Employment form under LAS

The Anställningsform enligt LAS 5 § list has five choices: Tillsvidare (permanent), Provanställning (probationary), Särskild visstid (general fixed-term), Vikariat (substitute) and Säsong (seasonal).

If you choose nothing, Vendion interprets the form automatically, in this order:

1. The employment form for Fortnox on the staff record
2. The employment agreement (the extra vid behov agreement becomes general fixed-term)
3. The employment type (hourly and temporary are interpreted as general fixed-term)

Next to the list it says where the form comes from, for example tolkad ur anställningsavtalet (interpreted from the agreement). If Vendion had to guess, it says Välj formen ovan så att bevakningen räknar rätt. Timanställd är ingen form i LAS. — choose the form above so the tracking counts correctly; hourly is not a form in LAS. Then choose the form yourself.

On-call employment

For general fixed-term there is a checkbox Behovsanställning (extra vid behov). It means each working day is its own fixed-term employment. Vendion then counts only the days the person actually worked or has published shifts. If the person worked three days or more in the same calendar month, the time between those days counts too that month (LAS section 3).

The box is ticked from the start for people with the extra vid behov agreement, and for hourly staff without an end date. Untick it if the person has one continuous fixed-term job.

What the card calculates

Notice period

The employer's notice period follows the total time employed (LAS section 11):

For on-call employment only the days the person worked count here.

When a fixed-term job becomes permanent (section 5 a)

• General fixed-term becomes permanent when the person has had general fixed-term employment with you for more than twelve months within a five-year period.
• It also applies in a chain: when general fixed-term, substitute and seasonal jobs follow one another with at most six months between them, and the general fixed-term time in the chain exceeds twelve months.
• Substitute employment becomes permanent after more than two years as a substitute within a five-year period.
• General fixed-term time before 1 March 2022 does not count.

The card shows for example 200 av 365 dagar (200 of 365 days) and, when there is a date, tillsvidare från (permanent from) that date. Vendion counts twelve months as 365 days and two years as 730 days, so the warning comes a day too early rather than too late.

If the employment has an end date, Vendion counts up to it. Without an end date Vendion counts as if the employment continues. For on-call employment only known days count: punched and published shifts.

In the agreement dialog. When you write a new fixed-term or substitute agreement, Vendion works out whether it would make the employment permanent. A warning with the date then appears in the dialog. The warning does not stop the agreement: the law makes the employment permanent, and it is your decision whether to sign the agreement anyway.

Probationary employment

A probationary employment may last at most six months (LAS section 6, Gröna riksavtalet § 3 mom 1). The agreement dialog does not accept a longer probation, and the card warns if an existing probation is longer.

Prövotidens sista dag (last day of probation) is taken from the agreement or the end date. You can also enter it on the card and save.

If the employment should not continue after probation:

1. Inform the person at least 14 days before probation ends (LAS section 31, Gröna riksavtalet § 3 mom 2). If the person is a union member, the union must be notified too.
2. Give the notice no later than the last day of probation. Otherwise the probationary employment becomes permanent (LAS section 6).

The card shows the date for informing the person. The reminder starts 30 days before probation ends.

Notice when a fixed-term job ends (section 15)

If the person has been employed with you for more than twelve months in the last three years, or more than nine months on general fixed-term, a written notice must be given at least one month before the fixed-term job ends, if it is not going to continue (LAS sections 15–16). If the employment is shorter than one month, the notice is given when it starts.

When the notice has been given: fill in Skriftligt besked lämnat (anställningen fortsätter inte) (written notice given) and press Spara (save). The notice reminders for the person then stop.

Notice before the next season (section 15, second paragraph)

If a seasonal employee has worked seasons for you for more than six months in the last two years, and will not get seasonal work next season, they must get a written notice at least one month before the next season begins.

The card shows this when the person's latest employment was a season that has ended, and the person has not been employed again since. The field Nästa säsong börjar (next season begins) then appears, and next to it the date the notice must be given by (skriftligt besked senast). If you leave the field empty, Vendion assumes the next season begins on the same date as the last one, a year later, and says Antaget (assumed) with the date. If your season begins on another day, enter the date and press Spara.

When the notice has been given: fill in Skriftligt besked lämnat (anställningen fortsätter inte) and press Spara. A date after the season ended counts as the notice before the next season.

Notifying the union about a fixed-term job (section 28)

If you are bound by a collective agreement, you must as soon as possible notify the local trade union when you make an agreement on fixed-term employment. This is not needed if the employment lasts at most one month (LAS section 28).

If you have chosen a collective agreement under Personal ▸ Inställningar ▸ Avtal (Visita/HRF or Annat kollektivavtal, another collective agreement), the card shows the field Lokala facket underrättat om visstiden (LAS 28 §) — local union notified about the fixed-term job. It applies to an ongoing general fixed-term, substitute or seasonal employment longer than one month. A fixed-term job without an end date counts as longer than one month. Fill in the day you notified the union and press Spara.

• On-call employment (extra vid behov) needs no notification: each working day is its own employment of at most one month.
• Probationary employment is not covered.
• If you have chosen Inget kollektivavtal (no collective agreement), the field is not shown.

Right of priority (section 25)

If an employment ends because of redundancy, or because a fixed-term job is not extended, the person may have a right of priority for re-employment for nine months from the last day of employment. Vendion shows it when the reason for ending is redundancy or an ended fixed-term employment, and the person has been employed long enough (more than twelve months in the last three years, more than nine months on general fixed-term, or more than six months seasonal in the last two years).

For a seasonal employee the nine months run from the start of the new season, not from the last day of employment. Vendion uses the date in Nästa säsong börjar, or the assumed date.

You give the reason when you end the employment, or on the Avslut och arbetsgivarintyg card.

Requests from the employee

Under Begäran från den anställde you record when an employee asks for something the law requires an answer to. Press Registrera, choose the type and date and press Spara.

The right to a written answer under section 6 h applies to someone employed for at least six months in total who is not on probation. The card shows whether the person has it.

When you have answered, press Besvarad i dag (answered today).

Certificate of employment time

The Intyg om anställningstid button at the top of the card downloads a PDF with the employer, the person, their employments with you and the total time employed.

Earlier employments with you

LAS adds together employments with the same employer. If the person has worked for you before, add those periods under Tidigare anställningar hos er: press Lägg till (add), choose the form, fill in the from and to dates and press Spara.

Only add what came before the current employment. An earlier on-call employment is added as the periods the person actually worked.

If you re-hire someone on the same staff record and choose Ny anställning (new employment), Vendion saves the previous employment here for you. See Ending employment and erasing personal data.

Notifications in the bell

The bell at the top right of admin collects what needs doing:

• Visstidsanställningar blir tillsvidare enligt LAS – fixed-term jobs becoming permanent within 60 days, or already
• Provanställningar närmar sig sitt slut – probationary employments nearing their end
• Prövotider är längre än sex månader – probation periods longer than six months
• Visstider slutar: skriftligt besked behövs – fixed-term jobs ending, written notice needed
• Visstidsanställningar ska anmälas till facket – fixed-term jobs to report to the union; for jobs that started in the last 90 days or start within 30 days, until the union date is recorded
• Säsongsanställda behöver besked före nästa säsong – seasonal staff needing notice before the next season; from two weeks before the last day for the notice. Once that day has passed, the item turns critical
• Begäranden från anställda väntar på svar – requests from employees awaiting an answer
• Tidigare anställda har företrädesrätt – former employees with a right of priority; information you can dismiss

The items disappear when you have recorded the notice, the answer or the union date, or changed the form. The next-season item also disappears once the new season has begun.

This is tracking, not legal advice. Check the basis and your collective agreement, and ask your employers' organisation or a lawyer if you are unsure.