Law (2012:332) On Certain Defense Attorney Jobs

Original Language Title: Lag (2012:332) om vissa försvarsmaktsanställningar

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2012:332

Introductory provisions



section 1 of this Act includes special provisions on workers

employed as group officers, soldiers and sailors in

The Swedish armed forces.



section 2 of an agreement whereby workers ' rights under

This law will be repealed or restricted is invalid in that section. The

does not apply to collective agreements referred to in paragraph 3.



paragraph 3, By a collective agreement concluded or approved by the

a central workers ' organization, derogations may be made from

18-21, 23, 24, 26 and 51 sections. It is also allowed to by

such collective agreements derogate from



1. sections 9 to 12, as long as the agreement does not mean that the longest

permissible period of employment under section 9 is exceeded,



2. section 13, regarding the local workers ' organization

rights, and



3. section 14, provided that the agreement does not mean that

less favourable rules for workers than

the provisions of Council Directive 91/533/EEC of 14 June

1991 on an employer's obligation to inform employees of

the conditions applicable to the contract or

the employment relationship.



Such divergent provisions adopted by

collective agreements referred to in the first subparagraph may also apply to

workers who are not members of the Contracting

workers ' organization but who are employed in such work

referred to in the agreement.



The relationship to employment protection act



4 § Of workers employed under this Act applies

not the following provisions of the Act (1982:80) if

employment protection: 4-6 and 6 c section d, paragraph 6, 11,

15-17, 28, 30 (a), 31 and 36, § § § 38, first subparagraph, second

the sentence, paragraph 40 and paragraph 41 third

the sentence.



The ratio of the annual holidays Act



section 5 Of workers employed under this Act applies

the annual holidays Act (1977:480), subject to the provisions of §§ 41-47

or by law (2010:449) on defence forces personnel at

international military action.



Definitions



section 6, for the purposes of this law



1. Group officer, soldier and sailor: a worker with

time-limited military employment who are not professional or

reserve officers,



2. continuous-duty: a worker who, during the

the period of employment is serving consecutive in the armed forces

that group officer, soldier or sailor,



3. at times acting: a worker who, during the

the period of employment is serving periodically in the armed forces who

Group officer, soldier or sailor,



4. civilian employment: an employment with another employer than

The armed forces,



5. civilian employers: a different employer than the armed forces

who have an employee serving continuously or periodically in

The armed forces,



6. service: education, training, preparedness and response as well as

related activities,



7. international military intervention: activities

The armed forces engaged in a field of intervention abroad in order

to



(a)) ward off the risk of an armed conflict,



b) halt the ongoing armed conflict,



c) monitor agreements of peace and armistice,



or



d) create the conditions for lasting peace and security through

humanitarian work in connection with an armed conflict.



Contract of employment



section 7 of the Group of officers, soldiers and sailors in the armed forces shall be

temporary employees and must not be employed on the basis of

any law other than this.



Employment contracts must be concluded for continuous service

or at times of service.



section 8 of The employed who at times acting in

The armed forces must simultaneously hold another employment with

such an employer referred to in paragraph 1 of the Act (1994:260) if

public-sector employment.



section 9 of the contract of employment shall include not less than six years and a maximum of

eight years. The total period of employment shall be limited to a maximum of

Sixteen, of which a maximum of twelve years that continuously

officiating. If a period of at least six years would

mean that the time limit for the total period of employment

is exceeded, the agreement comprise the remainder of the

allowable total employment period.



The first subparagraph shall not prevent the agreement covering less than

six years in the cases referred to in section 10, 11 or 12.



section 10 of The employment contracts must be concluded for temporary position as

continuous-duty group officer, soldier or sailor.



If an employee for a period of five years has been employed

in the armed forces as a substitute in a total of more than two years,

This goes to an employment contract for continuous

' service. The employment will then apply for another six years.

If a period of six years would mean that

the time limit under section 9 for the total period of employment

is exceeded, the agreement comprise the remainder of the

allowable total employment period.



section 11 of The employment contracts of continuous service may

concluded even for service in a particular international military

Insert for a worker who has such a

specialist skills needed in the current operation.



section 12 of A continuous, or at times the employment referred to in section 9

the first subparagraph may be started with a time-limited

probationary period, if the probationary period is less than six months.



Would not the armed forces or the employee to employment

to continue after the trial period has expired, the notified

If this is left to the other party not later than the date of the trial period.

Are not such a notice, the probationary period to

a continuous or periodical-employment in accordance with the

agreed upon opening.



Unless otherwise agreed, a probationary suspended

before the probation period.



paragraph 13 of the defence forces shall inform the employee at least two

weeks in advance if a probationary period is interrupted prematurely

or terminated without transitioning into employment under section 9. Is

unionized worker, to the armed forces

simultaneously with the notification notice the local

workers ' associations to which the employee belongs.



The worker and the local workers ' organization has

the right to consultation with the armed forces about the announcement.



section 14 of the defence forces shall provide written information to

the worker if all conditions are essential

of the contract or employment relationship, if the

the period of employment is three weeks or more. the information shall

be submitted no later than one month after the contract has

concluded. If the employee to depart abroad and stay there

longer than one month, this information should be provided prior to departure.



This information shall contain the following information



1. employer's and the employee's name and address,

employment starting date as well as work place,



2. a brief specification or description of the employee's

duties and job title or job title,



3. what form of temporary employment as employment

and if it begins with a time-limited trial period expiration,



4. the time of day,



5. notice of termination of employment,



6. the trial period for probationary,



7. the starting salary, other fringe benefits and how often the salary shall

paid,



8. the length of the employee's paid annual leave and the length of

the employee's normal working day or working week, and



9. applicable collective agreements, if any.



The information referred to in the second subparagraph, 5, 7 and 8 may, if it

appropriate, take the form of references to laws, other

regulations or collective agreements governing those matters.



section 15 of the defence forces shall, to the extent possible

keep a sometimes-office workers informed of

scheduled service.



Not later than three months before the service to armed forces

inform the worker about the time of taking office

First, the scope of service and where it should be.

The information may be provided later if there are special reasons

for it.



section 16 of the employment is terminated without prior termination for

employment period, subject to the provisions of section 10 of the other

paragraph.



Such employment referred to in section 9, 10 or 11 may be said

up by the armed forces or the worker before

employment period.



section 17, a worker may, with immediate effect, leave their

employment, if the armed forces significantly breached its

obligations towards the employee.



In the cases referred to in section 18 of the Act (1982:80) if

employment protection can the armed forces by firing cancel

the appointment with immediate effect.



section 18 of the armed forces must not shorten an at times acting

employee's period of service on grounds relating to

the employee personally, unless there are reasonable grounds for

notice of termination for personal reasons or grounds for dismissal

under the Act (1982:80) employment protection.



§ 19 Of the defence forces will shorten a at times acting

employees ' service period for reasons other than that

specified in section 18, the armed forces pay wages and other

employment benefits to the worker for a period of one month from

the interruption.



However, this does not apply for the time when the employee may cancel

leave with their civilian employers.



Notice period



section 20 For both the armed forces and a worker involves a

minimum period of notice of three months. The armed forces must

grant the employee a shorter notice period.



An employee is entitled to a period of notice of



– four months, where the total period of employment is at least

six years but less than 8 years



-five months, where the total period of employment is at least

eight years but less than ten years, and




-six months, if the aggregate employment period is at least

ten years.



section 21 where an employee who is on parental leave under section 4 or 5,

parental leave Act (1995:584) or entirely vacant, according to § 9

the same law is terminated because of lack of work, start

the notice period shall run



– When the worker resumes work, in whole or in part,

or



– When the employee would have resumed their work in accordance with

the notification on parental leave is valid when the termination

takes place.



The period of notice expires no later than at the time when the

fixed-term employment contract would have expired,

apply.



Preferential rights to re-employment



section 22 for the purposes of paragraph 25 the Act (1982:80)

employment protection to employees who are hired for

limited time according to section 5 of the Act referred to workers

hired in accordance with sections 9 to 11 of this Act.



For the purposes of the second subparagraph of section 25 of the law on

employment protection with a vengeance as referred to in section 15, first

subparagraph, the law provided for notice under section 23 of this Act.



For the purposes of paragraph 27(1), law of

employment protection with a vengeance as referred to in section 16 of the other

subparagraph, the law refers to the notice referred to in paragraph 24 of this

team.



For the purposes of the second subparagraph of paragraph 3 of the law on

employment protection with a vengeance, according to section 15 of the Act referred to

notice under section 23 of this Act.



Told that employment will not continue



section 23 of an employee who is employed pursuant to section 9 or 10 and

that will not get continued employment when the employment

expires, shall be notified by the armed forces of at least one

month before the expiry of the term of employment. However, this applies only

If the employee has been employed by the armed forces more than

twelve months in the past three years when the employment

ceases. Is the employment period so short that a message cannot be

be submitted one month in advance, to be told instead to be provided when

the employment begins.



section 24 A notice under section 23 must be in writing.



In the statement shall indicate whether the worker has preferential rights

to the re-employment or not. If the employee has

preferential rights and requires notification to pre-emption

to be able to be claimed, shall also be specified.



The decision should be left to the worker personally. Is it

not fair to require this, is told instead sent in

a registered letter to the employee's last known

address.



section 25 of an employee who has received a notice under section 23 has

right to reasonable time off from employment while maintaining

employment benefits for visiting the employment office or

otherwise look for work.



section 26 Gives the armed forces a worker a notice under section 23 of the

If that employment is repealed, while the local

workers ' associations to which the employee belongs to alerts.



The worker and the local workers ' organization has

the right to consultation with the armed forces about the announcement.



Information obligation for at times acting



section 27 a worker shall inform their civilian employers if

employment in the armed forces. The information to be provided when

the contract of employment concluded with a civilian employer or in

When the employee takes a position in the armed forces.



The worker is obliged to keep their civilian employers

informed of scheduled service in the armed forces, to the extent

It affects the employee's entitlement to leave from their civilian

employment.



The right to leave from civilian employment



section 28 A worker has the right to leave from their

civilian employment for not more than six months for examining an

employment who continuously or occasionally acting in

The Swedish armed forces.



The right to the leave referred to in the first subparagraph shall apply only to a

period for the same employer.



A worker has the right to full time off from their civilian

employment for service in accordance with section 11.



section 29 to qualify for leave under section 28 of the

the first paragraph is to the worker at the beginning of the leave is

been employed by their civilian employers in the past six

months, or a total of at least twelve months during the last two

the years.



In the calculation of the period referred to in the first subparagraph

apply paragraph 3(1) Act (1982:80) if

employment protection.



section 30 A worker has the right to leave from their

civilian employment for service in the armed forces at times

According to this law.



Leave as referred to in the first subparagraph may comprise not more than 12 months

in a result. He is preceded by the probationary period in accordance with

section 28 of the first subparagraph may leave a maximum of eighteen months

in a result.



A worker has the right to leave beyond that which follows

the second paragraph about the armed forces believe that there is

serious reasons.



section 31, A prerequisite for the right to leave for more than six

months under section 30 is that the worker has not served

in the armed forces, in other employment than probation, the

last 12 months.



Notice of leave



32 § workers who want to exercise their right to leave

to serve in the defence forces shall notify their

civilian employer no later than two months prior to the leave

beginning. If this is not possible, an application shall be made as soon as

possible. The notification shall specify the worker when leave shall

started and how long the leave is scheduled to run.



If the leave period needs to be extended to the employee

report this to their civilian employers as soon as

possible. If the employee because of his service in

The armed forces are unable to contact the civilian

the employer, should armed forces do such a notification of

the worker's behalf.



33 § a civilian employer may defer the review of leave

a maximum of three months from the time the worker notified

holidays, when the leave applies



1. probationary period under this Act, or



2. the first period of service at times of

This does not begin with a probationary period.



A civilian employer who decides to postpone the leave

shall immediately notify the worker.



Return to work



34 section an employee may cancel his leave began, and

resume their work at their civilian employers in the same

extent as before the leave.



A worker who wants to exercise his right to resume his

work, should as soon as possible inform their civilian employers

about this.



If the leave had been scheduled to last a month or more,

the civilian employer delaying the return of not more than one month

After the employer received the notification.

The worker always has the right to resume his work at

the time at which the leave would have ceased.



Protection of the civilian employment



35 section where an employee requests or takes in claims their right

to leave under this law and because of this is terminated

or are dismissed from their civilian employment, termination

or the dismissal null and void, if the employee requests

it.



36 § workers who request or take in claim their right

to leave under this Act is not because of this

request or leave obliged to with his civilian employer

accept



1. any other reduced employment benefits or deteriorating

working conditions than those which are a necessary consequence of the

leave, or



2. any other relocation than such as can be done in the context

the contract of employment and which are a necessary consequence of the

leave.



37 § When the person is employed as at times the service in

The armed forces makes an inquiry about or seeking employment with a

civilian employers, the employer may not treat the person

worse than what would have been the case without the employment of

The Swedish armed forces.



Recovery time



§ 38 A worker has the right to recovery time between

international military action. During this period,

the employee does not serve in any international military

bet.



39 § recovery time should, for a worker who is

employed as a continuous-duty, must be

to what is needed in each case.



Before the employee is sent on a new international military

effort, the military judge about recovery time

been sufficient. An employee who has not received sufficient

recovery time should not serve in an international

military action.



40 of the recovery time, for a worker who is

employee who occasionally acting, cover a period of at least twelve months.



Place of service in the armed forces during such a time, the

not exceed six consecutive months.



Vacation at times-office worker



Holiday with the civilian employer



41 § Vacation as a sometimes-office workers has

served in the armed forces shall be placed under the civil

employment, to the extent that the armed forces do not

has already put out a holiday for workers. A civil

employers shall outsource such remaining holiday at the same

as if it had been earned in the civilian employment. By

the vacation days that are posted under a particular leave year shall

the days of vacation pay that has accrued in the armed forces

be posted first.



42 § civilian employer shall notify the armed forces

When vacations that have been earned in the armed forces is laid out.



43 § when calculating vacation days pursuant to section 18 of the

the annual holidays Act (1977:480), the civilian employer take

attention also to the vacation days that have been earned in

The Swedish armed forces.




Vacation in the armed forces



44 § The holiday as a sometimes-office workers has

earned in their civilian employment should be laid out in

The armed forces, to the extent that the civil

the employer does not already have spent the holidays

the worker. However, this does not apply when the work

performed in the armed forces, taking into account the conditions are so

especially for operations that obligation to outsource

holidays subject to European Parliament and Council directive

2003/88/EC of 4 november 2003 on the organisation of working time

in some respects.



The remaining holidays referred to in the first subparagraph shall be published on the

as if it had been earned in the armed forces. By

the vacation days that are posted under a particular leave year shall

the days of vacation pay that has accrued in the armed forces

be posted first.



section 45 the defence forces shall notify the employer of the civil

When the holiday that has been earned in the civil

the employer is put out.



Other provisions on vacation



46 section defence forces shall notify the employer of the civil

How many vacation days of vacation pay that has been earned

During his service in the armed forces and how many of these

days that were set out during the holiday year. The armed forces must

also inform the employer of the civil how many

vacation days with no vacation pay that has been laid out.

The notification shall be provided when the period of

Armed forces ends.



47 § civilian employer shall inform the military about

How many vacation days of holiday pay to which the employee is

served with the civilian employer and how many of these

days put out during the holiday year. The civilian

the employer shall also inform the military about how many

vacation days with no vacation pay that has been laid out.

The notification shall be provided when the duty of

The armed forces begins.



Other leave



48 § other leave than the vacation to which the employee is entitled

for by law and which have been granted in the employment of the

civilian employers may be completed in employment as at times

service in the armed forces. Similarly, a

such leave is granted in the employment, which at times

service in defence forces completed in the employment of

the civilian employer.



The worker is obliged to inform it as soon as possible

employers who have not been granted the leave if the leave.



Disputes about the validity of dismissals or redundancies



49 section in case of dispute the validity of a notice to the employment

expire at the latest at the time of the temporary

the contract would have expired.



In case of dispute the validity of a avskedandes, a court may decide

that employment despite the dismissal shall consist, as far

the date on which the temporary employment contract would

have expired.



Damages



50 § an employer who violates this law shall pay salary

and other employment benefits to which the employee may be entitled

to, as well as compensation for the damage incurred. A worker

which do not comply with the notice period set out in section 20 of the first

the paragraph is liable for damages.



Damages referred to in the first subparagraph may relate to both compensation for

the loss incurred and compensation for the violation that

in the crime. Compensation for the loss relating to the period of time after

termination must not in any event

determined to not more than the amount specified in paragraph 39 the law

(1982:80) employment protection.



If reasonable compensation may be reduced in whole or

partially.



Statute of limitations



51 § whoever wants to claim damages or any other

creditors claim based on 7, 13, 14, 16 to 21, 23 to 26

or section 35 shall inform the other party thereof within four months

from the time when the harmful event took place

or the claim was due. Referring to the worker's

claim violation of 9-11 or 12 § deadline counted from

employment period.



It has been called the secret negotiation of the time within

bone of contention under the Act (1976:580) if participation in

employment or pursuant to a collective agreement, shall be brought

within four months after the hearing ended. In

other cases should be brought within four months after the

the time for notification went out.



52 § a worker's claim for damages for violation of

on vacation policies in this law shall be brought within two years from

the end of the leave year in which the employee under the Act

would have received the benefit which the request applies.



53 section At another labour dispute under this law than the dispute referred to

in 51 or 52 § apply paragraph 64, 65 and 66 of the

Act (1976:580) on the co-determination in the workplace when it

the time within which a hearing must be requested or action

be instituted.



54 section in a case referred to in section 51, 52 or 53, the right to

negotiation or action lost, if a hearing is not claimed

or an action is not brought within the prescribed period.



Appeal a ban



55 § military decisions on employment under this Act

may not be appealed.



Trial



section 56 Goals for the application of this law to the extent

as indicated in Chapter 1. the Act (1974:371) about the trial in

labour disputes dealt with under the law.