Dismissal of fixed-term contract during sick leave

Hello,

It sounds like your contract was a probationary employment "provanställning". Any kind of term of notice isn't needed for probationary employment from non of parties.

(However the maximum time range for a probationary employment is six months that means if employer doesn't inform an employee anything two weeks before the last date of probationary employment the employee become permanent automatically.)

Hi Finnbo,

thank you for your answer and quick reply. No, it wasn't a probationary employment at all. Contract runs much longer. But anyway, this did not answer my question. For me it's just interesting to know, if an employer can dismiss me and terminate my contract during a sick leave and or hospital stay.

Thank you

Mike

There are certain employment contract types to follow so nearest employment type other than provanställning according to your description might be "visstidsanställning" or "vid behovsanställning"  both regulated under temporary terms, that means there is no notice period for them either sick leave or not. If you could write the Swedish word which has been used in the contract instead of "fixed-term contract" we will provide you with the definite answer to your question.

Hey Finnbo,

thanks again. The contract is written in English only. The contract has a fixed period of 12 months from Oct 2018 to Oct 2019 with a termination rule, that if the project is done earlier than October 2019, the contract can be terminated with 1 month notice. So we made a good job and the project is done and the employee wants to terminate it now. I'm hospitalized now and would like to know a termination/dismiss now is valid and supported by Swedish law while I'm hospitalized?

Finnbo, thank you in advance.

Mike

Hello,

Let us take this point by point.

1. Sick leave point which is your main question here is only relevant if there is any regulated notice period that binds to your contract. 

2. Your contract fall under "visstidsanställning or rather "projektanställning".
maximum duration for this type of employment is 12 months and maximum 5 employees at a time. (there are certain dispensations)

Period of notice is optional for this contract type since the right to hire an employee under this category is based on certain assignments/projects/business the company has to do other than the normal operation.

If the project is done and there are no more remaining work related to that specific project then the employer is legally free to terminate the contract any time without notice.       

3. Since your employer has that legal right in this case he/she is not obligated to take into consideration your sick leave situation.

4. One month of notice which your employer has been agreed to and signed under your contract only applied while the project was still going on.

This rule may looks like something doesn't belong here in a country like Sweden. But this saves both employer and the employee. A situation like this as an employee you are covered by

A-kassa
https://arbetsformedlingen.se/other-lan … ersattning

or F-kassa     https://www.forsakringskassan.se/privat … c31w8EKDHA

All the best Mike get well soon!

Hi Finnbo,

wow, thank you very much for so much quick information. That's just awesome.

So if I did understand the issue, the employer has the right to dismiss me and terminate the contract, due to the finished project. Thank you gain. I read the links you provided. Awesome.

Greetings


Mike