Termination: Lack of Work or Personal Reasons – The Rules, Deadlines, and Your Rights During the Notice Period

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This guide follows the termination in the order it occurs: the signals before, the formalities when the notice comes, the difference between the two tracks, your rights during the notice period, and what happens if you choose to fight. Read it with the termination notice in front of you.

The formalities that determine if the notice is valid

To: [employer, name and address]
Subject: Termination dated [date] – request according to Section 9 of LAS and notification according to Section 40 of LAS

I received the notice of termination on [date].

1. I request that the employer provide in writing the circumstances cited as the basis for the termination (Section 9 of LAS).

2. I believe that the termination is not based on objective grounds and hereby notify the employer that I intend to request that the termination be declared invalid (Sections 34 and 40 of LAS). I also reserve the right to claim damages (Sections 38 and 41 of LAS).

3. I request written information about my total period of employment (Section 6 g of LAS) and whether I have a preferential right to re-employment.

4. [In case of redundancy:] I claim the right of priority for re-employment (Section 27 of LAS).

Sent via email and registered mail on [date].
[Name, personal identification number]

Redundancy: the employer's assessment – with limits

Redundancy does not mean that there is no work. It means that the employer has decided to operate with fewer employees, different skills, or in another location. Courts do not normally assess whether that decision was wise; it is the employer's business judgment. What is assessed is:

• Is the redundancy real? Is it actually a conflict with you that has been labeled as redundancy (fictitious redundancy) the termination should be assessed as personal reasons. Signs: only your position disappears, the tasks remain and are distributed to others, a new person is hired shortly after, the conflict preceded the "reorganization."
• Has the obligation to reassign been fulfilled? If there is available work somewhere within the employer's organization that you can handle, it should be offered before termination (Section 7, second paragraph). Read reassignment.
• Has the order of priority been followed? See below.
• Has the union been negotiated with? Violation of the negotiation obligation does not invalidate the termination but entitles the union to damages and serves as a negotiation tool.

Order of priority: last in, first out – with three exceptions

In case of redundancy, who is let go is determined by total length of employment within the order of priority group: the operational unit (the physical workplace) and, if there is a collective agreement, the agreement area (Section 22 of LAS). Longer employment gives priority; in case of equal time, higher age prevails. Those who can only be retained after reassignment must have sufficient qualifications for the work – not the best, but sufficient, with reasonable training time.

Since 2022, the employer – regardless of company size – may exempt three employees who are of particular importance to the operation before the order of priority is established. If exemptions have been made, no new exemptions can be made for terminations within three months. The union can also agree with the employer on a contractual order of priority list that deviates from the law; it binds even those who are not members of that union, but must not be discriminatory or infringe on association rights.

Personal reasons: misconduct that you had the chance to correct

Personal reasons concern you: unauthorized absence, repeated tardiness, refusal to follow orders, difficulties in cooperation, disloyalty, offenses against the employer. The threshold is that the behavior must be serious enough and that you were informed that the job was at risk without changing your behavior – that is why the warning exists. The Swedish Labour Court has traditionally looked at whether the behavior shows that you are unsuitable for continued employment, not at each incident individually. Since 2022, the assessment should focus on how serious the breach of the employment contract is, with less emphasis on your personal situation and future prognosis (prop. 2021/22:176). This made it somewhat easier for the employer to terminate for repeated misconduct – but the requirement for awareness remains.

Illness, reduced work capacity, and rehabilitation

Illness in itself is not a valid reason. A termination due to illness or reduced work capacity is only valid if the work capacity is permanently reduced so that you can no longer perform work of any significance for the employer, and the employer has fulfilled its rehabilitation and adaptation responsibilities (Chapter 3, Sections 2 a and 3 of the Work Environment Act, Chapter 30, Section 6 of the Social Insurance Code) and considered reassignment. Request the rehabilitation plan, adaptation investigation, and documentation of the measures that have been considered. If they are missing, the termination is generally contestable. The Social Insurance Agency's assessment of your work capacity against normally occurring work is a different issue than the employer's obligations towards you – read if the work does not function.

During the notice period

• Salary and benefits even without work (Section 12). The employer may relieve you from work obligations, but not from salary. If you are relieved, the employer may deduct what you earn from another employer during that time (Section 13).
• No relocation to another location if it hinders your job search (Section 14).
• Reasonable leave with pay to seek employment, visit the Employment Service and attend interviews (Section 14, second paragraph).
• Vacation cannot be scheduled during the notice period without your consent when the notice period is at most six months (Section 14 of the Annual Leave Act). Outstanding vacation is paid out as vacation compensation when the employment ends. Do not let the employer "take your vacation" to avoid paying salary.
• Unemployment insurance. Since October 1, 2025, the compensation is income-based and the unemployment insurance collects income information from the Swedish Tax Agency, but the employer is still obliged to provide information about the employment and why it ended upon the unemployment insurance's request (Chapter 9, Section 4 of the Unemployment Insurance Act). If the employer terminates the employment, there is no suspension; if you dispute the termination in court or negotiation, the unemployment insurance cannot suspend you by claiming you were "separated from work." If you resign without valid reason, you are suspended for 45 compensation days (Chapter 7, Section 4).

Right of priority for re-employment

If you have been dismissed due to lack of work and have been employed for a total of more than twelve months during the last three years you have the right of priority for re-employment in the business where you worked, from the termination and nine months after the employment ended (Section 25 of LAS). This applies to new positions for which you have sufficient qualifications – even fixed-term positions. Two pitfalls: you must register your claim with the employer if the notice requires it (Section 27), and if you decline an offer you reasonably should have accepted, you lose the right. If someone else is hired in violation of your right of priority, damages, not the job, is the consequence.

Disputing – what it provides and what it costs

With a union, the dispute is handled through negotiation and then the Labour Court. Without a union, you file a lawsuit in the district court and bear the risk of the opposing party's legal costs; check the legal protection in your home insurance. A realistic goal in many disputes is a settlement: extended notice period, severance pay, and a neutral employer certificate. It is not giving up – it is getting paid for employment protection instead of giving it away. Read buyout for what such an agreement should contain.

Fixed-term employment that ends and probationary employment that is terminated

A fixed-term employment ends without notice when the time expires. If you have been employed for more than twelve months in the last three years (or more than nine months in a special fixed-term employment), you should receive written notice at least one month in advance that you will not continue employment, with information about preferential rights (Sections 15–16). If you believe the fixed-term was unlawful – that the employer stacked fixed terms for a permanent need – you can claim that the employment should be permanent; notify within one month after the end of employment (Section 40, second paragraph). Special fixed-term employment automatically converts to permanent after more than twelve months over five years (Section 5 a).

A probationary employment can be terminated without objective reasons, but the employer must notify you and inform the union two weeks in advance (Section 31). A termination must never be discriminatory, violate union rights, or be a reprisal – then there is a case even though probationary employment lacks employment protection otherwise. If the employer fails to give notice by the end of the probationary period, the employment becomes permanent (Section 6).

Sources

• LAS Section 7 – objective reasons, reassignment, two-month rule
• LAS Section 22 – order of priority and three exceptions; Sections 25–27 preferential rights
• LAS Section 30 – notification, warning, and consultation
• LAS Sections 34, 38–39 – invalidity and damages after 2022
• LAS Sections 40–42 – deadlines
• Annual Leave Act (1977:480) Section 14 – leave during notice period
• Co-determination Act Sections 11–14
• Government Bill 2021/22:176 – LAS reform 2022

The guide is general information about current regulations, not advice on your case. Collective agreements may deviate from the law on several points. Legal status checked on September 25, 2026.

For those reading under stress

The guide is intended as support when you already have a lot on your mind. You do not need to read everything at once: start with the section that matches where you are today and return when the next step becomes relevant.

Cases with authorities rarely improve if you handle everything alone. Ask for help from a support person, lawyer, or relative if you can – especially before decisions with long-term effects.

Common mistakes that make the case more difficult

• Relying only on verbal promises without short written confirmation or follow-up email.
• Waiting to request documents until the conflict is already locked – then it becomes harder to show what was said.
• Writing so long and emotionally that the authority stops responding to the substantive issue.
• Missing deadlines for reconsideration or appeal because the decision was not read verbatim.

Mini-checklist before leaving the guide

1. Do I have the date, diary/case number, and the name of the person handling it (if you know)?
2. Do I know what the next step is: respond, request, remind, appeal, or report?
3. Have I saved emails and attachments in a place where I can find them in a week?