Advanced Search

Act (1994:260) On Public Employment

Original Language Title: Lag (1994:260) om offentlig anställning

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
The scope of the law



section 1 of this Act, there are specific regulations on workers

in



1. the Riksdag and its authorities,



2. authorities under the Government.



Special rules for workers referred to in the first

paragraph 2 is also available in the Act (1994:261) about

proxy appointment. Act (2004:833).



section 2 of the following provisions of the Act also applies to workers

in municipalities, county councils and municipal associations, namely:



7-7 c sections of ancillary activities



23-29 sections on labour disputes,



section 38 if the interim decision,



§ 42, first and second subparagraphs if certain exemptions from the law

(1976:580) for participation in working life.



The provisions of section 30 of the periodic medical examinations apply

also workers in municipalities and county councils. Law (2001:1016).



section 3 of the Act does not apply



1. Cabinet Ministers,



2. the parliamentary ombudsmen,



3. riksrevisorerna,



4. workers who are local employees of the Swedish State

abroad and who are not Swedish citizens,



5. workers employed with a particular employment support,

in a sheltered workshop, or in developing employment.



For the Attorney General and justices apply only paragraph 4 of

assessment criteria for employment, 7 – 7 d sections of ancillary activities

23-29 § § § 38 of the labour conflicts, if the interim order and

42 section if certain exemptions from the Act (1976:580) if

participation in working life. Law (2010:1492).



Assessment criteria for employment



section 4 of the employment shall be only for substantive reasons,

such as merit and skill.



Skills must come first, unless there are special reasons for

something else.



Swedish citizenship competence



§ 5 in addition to the requirements of Swedish nationality who

flowing from the Constitution or any other law also applies

that only Swedish citizens may hold a position as

a prosecutor or police officer or have a military employment.

Law (2014:758).



section 6 of the Government may provide or for special cases

that only Swedish citizens may have



1. employment in government offices or

foreign service,



2. State employment that may be associated with

public authority or handling of issues related to

relationship to other States or to the people-to-people

organisations,



3. State employment, which can lead to knowledge of the conditions

which is of importance for the country's security or for other

important economic interests, public or private.



The powers of Government in accordance with the first paragraph 2 and

3 in the case of workers in the Parliament or its

authorities of the Parliament or the authority which the Riksdag

determines. Law (1999:311).



Sideline activities



section 7 a worker must not have any employment or any mission

or engage in any activity which might discredit his

or any other workers ' impartiality in the work, or who can

damage the Agency's reputation.



7 a of the employer shall, in an appropriate manner, inform

workers about what kind of conditions that can make a

sideline disallowed under section 7. Law (2001:1016).



7 b of A worker at the employer's request, provide the

data necessary for the employer to assess the

the worker's sideline activities. Law (2001:1016).



paragraph 7 (c) an employer shall provide that an employee who has

or intends to undertake a sideline that is incompatible with

section 7 shall cease or not undertake the activity. Decision

shall be in writing and contain a statement of reasons.

Law (2001:1016).



7 d § Regular judges and heads of agencies subject to

immediately under the Government shall, on its own initiative, to

the employer of the kinds of activities they have.

Act (2004:833).



Some regulations on termination of employment



section 8 A notice from the employer about the separation from a

probationary period under the Act (1982:80) employment protection shall

be in writing to be valid.



§ 9 termination by an employer of an employee who

is employed until further notice shall be in writing to be valid.



Even a dismissal shall be in writing to be valid.



section 10 a worker's request to employment shall cease

shall be in writing to be valid.



section 11, a worker, a new employment with the employer

referred to in paragraph 1, the first employment without specific action,

subject to a collective agreement or, in the case of

enabling employees, of the regulations, as the Government Announces.



If there are special reasons, it may be decided that employment will not

cease.



section 12 in determining a worker's place in the order of

termination under the Act (1982:80) employment protection shall

account is also taken of the requirement that the Agency properly

in carrying out their judicial or administrative tasks.



paragraph 13 of the rules of the second subparagraph of section 18 of the Act (1982:80) if

employment protection shall not apply, if the parliamentary ombudsmen

or the Attorney General requesting a decision on dismissal within six

months after the alleged fact has occurred.



Disciplinary responsibility



Service offence



section 14 a worker, who, intentionally or negligently:

override their obligations in employment, must be communicated to the

the disciplinary penalty for the service offence. Is the error with respect to the

all the circumstances call, any sanction is not notified.



Disciplinary sanction shall not be communicated to a worker that he has

participated in a strike or another equivalent industrial action.



Disciplinary sanctions



15 § disciplinary sanctions are warnings and wage deductions. A worker

shall be notified to several disciplinary sanctions.



Deductions from wages may be made for a maximum of thirty days. Payroll deduction per day

shall be limited to a maximum of 25% of the daily rate.



section 16 by means of collective agreements, derogations may be made from paragraph 15.



Collective agreements may also apply to workers who are not

members of the contracting trade union organisation, whether

they are employed in such work as referred to in the agreement.



Obstacles to disciplinary proceedings



section 17 of the Disciplinary penalty may be notified only if the worker within two

years from offense has been informed, in writing, the provisions

against him.



section 18 when an action has been taken to criminal charges shall be brought against a

workers, the employer may not initiate or continue a

disciplinary proceedings by reason of what has led to the

operation.



If an act has been tried in criminal procedure, a

disciplinary proceedings shall be initiated or continued only if the Act,

for any other reason than a lack of evidence, have not been considered

any crime.



section 19 of the disciplinary sanction shall be granted after the

the worker's employment has been terminated or termination has

taken place.



It is stated in the first paragraph do not apply, if the worker

transitioning from one authority to another



1. within the judiciary,



2. within the prosecution service, or



3. between the police and the security police.

Law (2014:758).



Damages



section 20 of the regulations for damages in 38, 41 and 42 of the law

(1982:80) employment protection shall apply, if an authority of

a case of disciplinary responsibility violates §§ 17-19, or against

regulations governing body or if the vote.



In the case of derogations by collective agreements from what is said in paragraph 41 the law

employment protection shall apply paragraph 2(3), the same law.



Except for some workers



section 21 of the provisions of sections 14 to 19 shall not apply to



1. those who may be given disciplinary sanction in accordance with the law

(1994:1811) on disciplinary liability within the total defence, etc., for

offences covered by the Act,



2. health professionals, who, in their professional capacity are

during the inspection for health and social care supervision, for

offences in this occupation that should be considered by the

inspection or health care disciplinary board,



3. the animal health personnel for the offences in the profession to be

be reviewed by the disciplinary board for animal health care.

Law (2012:941).



Notification of charges



section 22 of the person who is reasonably suspected of being in her position have

committed a crime must be reported to the prosecution, if the suspicion relates to



1. the following offences under the criminal code:



(a)) the taking of a bribe under the Cape. 5 a §,



b) aggravated taking of a bribe under the Cape. section 5 (c),



c) misconduct or serious misconduct in accordance with Chapter 20. § 1 and



d) breach of professional secrecy in accordance with Chapter 20. section 3(1),



2. another offence, if it is likely to give rise to any other sanction

than fines. Law (2012:302).



Labour disputes



Restrictions on the right to carry out industrial action



section 23 in the works that consist in the exercise of public authority, or which are

indispensably necessary for the implementation of public authority

industrial action may be carried out only in the form of lock-outs, strikes,

övertidsvägran or onboarding blockade.



In the works referred to in the first subparagraph may not be industrial action

implemented on the basis of something other than the relationship between

employers and workers who are covered by this law.



Also in other works than referred to in the first subparagraph is industrial action

in order to influence the domestic political conditions prohibited within

the law's scope of application.



section 24 If there is dispute whether a particular combat action is

permitted under this Act, the measure is not implemented until the dispute

has been settled definitively.



Participation in collective action



section 25 of the employee may participate in an industrial action only after the decision of the

the employers ' organisation which has organised the industrial action.




section 26 of The Trade Union shall not organise or in any

otherwise give rise to industrial action which is unlawful under 23 or

section 24. Such an organization shall not, either through support or on

any other way involved in illegal industrial action.



If a worker who is a member of a workers ' organization plans

to initiate or have initiated an illegal industrial action, the Organization

obliged to seek restraining measure or appear to the end.



The consultation obligation



section 27 Of the workers belonging to a Trade Union has

initiated an industrial action in breach of section 25, shall the employer and

the Organization immediately take up deliberation in view of

the industrial action and acting jointly to the ends.



Has something else not stipulated in the collective agreement, for the first

subparagraph, the local workers ' organization, if there is such a

Organization.



Damages



section 28 if an employer violates section 23, 24 or 27 or

employee organization violates section 26 or 27, shall

the employer each organization replace damage

According to the grounds set out in 54, 55, 60 and 61 of the Act (1976:580)

participation in working life, although any obligation to

as a result of a collective agreement has not been put to the side.



The same applies to an employee who contravenes section 23, 24 or 25,

subject to section 29.



section 29 Have employees ' Association, initiated or caused a

industrial action which is unlawful under section 23 or 24, a worker

be required to pay compensation for their participation in operation only if

There are serious reasons for it.



Periodic health examinations



section 30 where an employee has duties where deficiencies in

the worker's State of health risk to human life,

personal security or health or for significant damage to the environment

or property, is the employee following a specific request by

the employer is obliged to undergo regular

health studies necessary for assessment of the

whether the employee has such deficiencies in their State of health.



The first subparagraph only applies to workers under collective agreements

or regulations of the Government is required to undergo

health examinations. The collective agreement may also apply to

workers who are not members of the Contracting

workers ' organization, if they are employed in such work as

referred to in the agreement. Regulations may only relate to workers in

authorities under the Government.



If, in another act or a regulation, which has been issued with

support of a team, there are regulations that differ from the first or second

the paragraph applies to the regulations.



Separation of duties



section 31, a worker at the police, the security police,

the Ministry for Foreign Affairs, the armed forces, the Swedish fortifications Agency,

Swedish defence materiel administration, the Swedish defence

recruitment authority, national defence or Defence

Radio establishment, with immediate effect, separated from their

tasks, whether it is necessary to take account of the country's

the best. Law (2014:758).



Workers in verksledande or another equivalent position



32 § Regulations if the basis for dismissal,

turn on termination and preferential access to

Re-employment in the Act (1982:80) employment protection shall

also apply to a worker in verksledande or

comparable position who is employed for an indeterminate period of time, if any

subject to the provisions of this law or, as far as concerns the other matters

than the basis for termination or dismissal, of regulations

Government Announces.



By way of derogation from the first subparagraph if the dismissal also applies to a

workers in verksledande or another equivalent position

employed for limited periods of time. Lag (2003:297).



section 33 Is the Manager of the Swedish Agency for government employers hired for specific

time, he or she will be separated from their employment before

the expiry of this period, if it is necessary to take account of

the work's best.



Is the Manager of another administrative authority that reads

immediately under the Government employed for specific time, he must

or she is moved to a different State employment as

are appointed in the same way, if appropriate, by

organisational reasons or otherwise, is necessary for the sake of

to the Authority's best. Law (2015:384).



The State's disciplinary board



section 34 of the State disciplinary board decides on matters of discipline, responsibility,

notification of charges and dismissal, in respect



1. workers employed by decision of the Government,



2. workers without being employed by decision of

the Government has a verksledande or another equivalent

position.



The Government may provide that the Board shall decide in such

questions also for other workers. Lag (2003:297).



Enforcement of decisions



35 section a decision on wage deductions under section 15 may not be executed until

the decision has been examined final or right of action has been lost.



36 § a decision on separation from employment pursuant to paragraph 33

subparagraph shall be effective immediately.



A decision on the movement in accordance with paragraph 33 shall not

executed, until a final decision has been examined or right of action

has been lost. The decision may, however, be given immediate effect, if there is

serious reasons for it.



Trial



§ 37 Goals on the application of this law shall be dealt with in accordance with

the Act (1974:371) on trial in labour disputes.



section 38 proceedings in which a decision under 7 (c), 31 or 36 §,

the Court of Justice for a time until there is a

final ruling deciding that the decision until further notice

shall not apply. Law (2001:1016).



section 39 if a worker would seek change in a decision under 14 or

paragraph 33, he shall bring an action within three weeks from the day he got

part of the decision.



section 40 of the action of the parliamentary ombudsmen or the Attorney General of

Amendment of a decision on disciplinary liability under section 14 shall be brought

within three weeks of the decision.



section 41 action for damages under section 28 or 29 shall be instituted within three

months of industrial action is ended.



Application of regulations



42 § Regulations in 2, 21 and 22 of the Act (1976:580) if

participation in working life shall not apply in

employment relationships referred to in this law.



The provisions of §§ 11-14 the Act on Codetermination at work

shall not apply, in the case of a decision to a

workers shall cease or not take on sideline

According to § 7 c, disciplinary liability under section 14, the prosecution notification under

section 22 or separation of duties under section 31.



For workers referred to in paragraph 1 shall also be regulations in

other statutes than laws apply, although regulations

deviate from the Act (1982:80) employment protection.

Law (2001:1016).



Transitional provisions



1994:260



1. this law shall enter into force on 1 July 1994, when the Act (1976:600) if

foffentlig employment shall cease to be valid.



2. If any other law or Constitution, reference is made to a

Regulation has been replaced by a provision of this Act,

Instead the new regulation applied.

Law (1999:311).



3. in the case of konstitutorial which has been issued before the entry into force

will older regulations apply.



4. In respect of any conditions of employment or working conditions for such

workers covered by this law, the Government or the

authority the Government until further notice, in Constitution

provide although the condition can be regulated in agreement. This

However, only applies to regulations which do not conflict with collective agreements.



5. If in a Constitution that is not decided by or with

Parliament has issued regulations in respect of any conditions of employment or

working conditions for workers covered by this law,

provisions shall cease to apply if the condition is regulated by

collective agreements.



6. In case or cases that have begun or relate to circumstances

that occurred prior to the entry into force, the old rules apply.



2003:297



1. this law shall enter into force on 1 July 2003.



2. In the case that has commenced before the entry into force, section 34 applies to

in its older version.



2015:384



1. this law shall enter into force on July 1, 2015.



2. Older regulations shall continue to apply for employment

decided before its entry into force.