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The Local _ Life in Sweden _ Terminate a job in Sweden

Posted by: srtab 29.Jan.2021, 02:51 PM

Hi all,

There is any spacial way to terminate a job contract in Sweden? I have not even started working for that company (that would happen on March 2021), but I got a better offer and want to terminate the contract I already have signed in December.

This contract has a probation period of 6 months, and it says that the notice period is of three weeks.

Could I do this by email? I need to add an attached termination letter or something similar? I am new to Sweden and I don't really know how to handle this.

Thank you all!

Posted by: Essingen55 29.Jan.2021, 03:34 PM

Given that you haven't started, I would have thought it reasonable to give the three weeks notice that you won't now be starting.

Posted by: TheExpatEagle 29.Jan.2021, 08:38 PM

Double check the notice period is the same for both parties. Sometimes the notice period is longer for the employee than the employer.

Another thing to check is that your notice period might be from commencement of employment, so if you say it's 3 weeks then it is 3 weeks from when you should start.

It's difficult to say for sure because you might not be covered by a collective agreement and your contract may have different conditions to any collective agreement in place.

At a push I would say you have noting to lose by just saying you won't be coming in. You lose potential goodwill with them but they have no wages, holiday or bonuses to withhold.

Posted by: cootje1976 30.Jan.2021, 07:44 PM

QUOTE (srtab @ 29.Jan.2021, 02:51 PM)

You can't technically resign of something that you did not start yet, so in your situation it is not that complicated, I been in the same situation about 8 ish years ago in Sweden. Just got a better offer. Happens all the time, and the way to go about it is to write them that you thank them for the opportunity, but that you have found another job.

I found the technical answer here:

QUOTE (Yorkshireman @ 4.Nov.2012, 10:25 AM)

Now here You need to be very clear

Did You sign an Employment Contract or an Offer with the first company? You can always back out of an acceptance of an offer, since it is likely there were no terms and conditions included just the offer from the employers side?. However, if it was an Employment Contract, that is legally binding, and the terms and conditions come into force from the agreed date of starting (not the date of signing).

Inform the 1st Company that You have changed your mind and do not want the position offered. Simple as that. If they decide to become difficult then it depends upon what was in the contract.

If the contract included a test period (provanst?llning) then from the employers side there is 14 days notice, but from the employees there is non. You can quit on the 1st day.

If there was no test period, then the terms and conditions of the contract with regards notice periods from Your side apply. They may not be defined specifically in the contract though, it depends if they leave it to employment law defaults, or Union Collective Agreement. Normal minimum is 1 month. Just to hand in notice on day 1.

Hope it helps.

Posted by: srtab 9.Feb.2021, 02:59 PM

Quick update: (and thanks for your answers) I've been honest with the company and told them I had another offer. They withdrawed the contract with no major problems. Thanks for your help

Posted by: cootje1976 9.Feb.2021, 09:52 PM

QUOTE (srtab @ 9.Feb.2021, 02:59 PM)

Quick update: (and thanks for your answers) I've been honest with the company and told them I had another offer. They withdrawed the contract with no major problems. Thanks for your help

Honesty is always the best policy. Congrats!

Posted by: john.boy 10.Feb.2021, 08:18 PM

QUOTE (cootje1976 @ 30.Jan.2021, 07:44 PM)

You can't technically resign of something that you did not start yet, so in your situation it is not that complicated

Incorrect.
If you have agreed a contract to start employment then the terms of that contract are valid from the start date, otherwise if you do not turn up/start then it is breach of contract.

Write to them that you now have a better offer and request a mutual agreement to terminate the contract before it becomes active. They will realise immediately that if you had any test-period, you can terminate on day 1 with no need for explination, or if it has a notice period, you resign day 1 and they still have to pay you, and find something for you to do!, during the notice period. Neither is a good alternative for the employer, they will agree to terminate.

It could be that they might make a counter offer.