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Backing out of an employment contract

Hur kan jag avbryta anställningsavtal?

post 4.Nov.2012, 08:01 AM
Post #1
Joined: 1.Jul.2009

I am into IT.
I applied for jobs at multiple companies at the same time, in Stockholm. I got an offer from one company & they asked me to confirm them if I would accept the offer, the same day. The other company (which was better bigger) could only give me an offer verbally, at that point of time, as they had lot of beuracracy to take care of. So I said yes to the first company & signed the contract. Now, the second company were very keen on hiring me & have offered a much better salary with lots of other benefits. I, ofcourse am interested for them.
But since I have signed on the offer letter of the first company, my questions is what would happen if I tell the first company that I cannot start working for them? As I have signed on a legally binding document, what are the repercussions?
What options do I have?

Any help & advice will be highly appreciated.
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post 4.Nov.2012, 08:39 AM
Post #2
Joined: 10.Dec.2010

Yes you have a legally binding contact however it is not in the employers interest to hold you to it or to try to enforce it in most cases. If posible I would show up in person tomorrow morning at opening time and meet with whoever hired you. Without going into any details just say you are unfortunately unable to take the position and apologize for any inconvenience. No reason to mention your other offer. Come with a very simple one paragraph document voiding contract and have it signed. Good luck.
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post 4.Nov.2012, 10:25 AM
Post #3
Joined: 22.Nov.2011

QUOTE (volvo_saab @ 4.Nov.2012, 08:01 AM) *
But since I have signed on the offer letter of the first company, my questions is what would happen if I tell the first company that I cannot start working for them? As I have ... (show full quote)

Now here You need to be very clear wink.gif 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 (provanställning) 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.
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post 4.Nov.2012, 11:44 AM
Post #4
Joined: 1.Jul.2009

Thank you so much for the inputs.

Yes I have signed the employment contract. The contract mentions that the agreement comes into effect from 2012-12-03. And yes there is a 6 months provanställning.

So I could say no before the above mentioned date?
The contract mentions "uppsägningsregler enligt kollektivavtal", which you say is 0 from my side?

I could turn down the offer before I start on 3rd December then?
I want to get it done ASAP. So the company continues with their search & doesn't bank on me.
Thanks, once again.
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Bender B Rodriquez
post 4.Nov.2012, 11:55 AM
Post #5
Joined: 25.Mar.2006

It is best for the company if you turn down your position a.s.a.p. As Yorkshireman says, since it is a provanställning you have the right to terminate immediately. Uppsägningsregler enligt kollektivavtal is not binding from your side, only from the employer's side.
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post 4.Nov.2012, 12:06 PM
Post #6
Joined: 1.Jul.2009

Will do.

If you don't hear anything more from me then all's well smile.gif
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post 4.Nov.2012, 01:21 PM
Post #7
Location: Västra Götaland
Joined: 10.Apr.2011

I don't think that is the best thing to do. In my opinion, I don't think its nice if you make people assume that all is well since they did not hear anything from you. You should give updates on every step you take and the outcomes, just for the benefit of other people reading this thread that might be in a similar situation as yours.
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