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Employee resigns

An employee can resign for any reason and does not have to explain why. The employee's resignation should be in writing.

There should be no doubt whatsoever that the employee has indeed resigned. As an employer, you have a duty to find out where things stand if you or your employee are unsure about anything. Some collective agreements require written notice and you may also have agreed this in the employment contract. Within government agencies, a termination must always be in writing to be valid.

At least one month's notice

An employee has a notice period of one month under the Employment Protection Act (LAS). A longer notice period can be contractually agreed. For example, collective agreements often provide for longer notice periods depending on age and length of employment, often three months. Longer notice periods than these may be unfair contract terms. If the employee ignores the required notice period, they may be liable for damages.

Employment Protection Act (LAS) at the Riksdag (in Swedish)

A resignation is binding

The resignation is binding on the part of the employee – you are under no obligation to give them back their job if they should change their mind. There are two exceptions to this rule:

  • if the employee resigned hastily and then quickly (after sleeping on it) withdrew their resignation
  • if the employer can be deemed to have provoked or coerced the employee to resign.

If the employee has the right of withdrawal and the employer does not take the employee back, the employer's actions are equivalent to a termination or dismissal on the part of the employer.

If the employer has provoked the employee's dismissal, the resignation is also to be equated with a dismissal by the employer and therefore null and void. The key here is whether you as the employer have made the employee feel pressured.

The employee has the right to resign with immediate effect if the employer has breached the terms of employment, for example by failing to pay wages.

You and your employees can agree that the employment should be terminated. Such agreement shall be voluntary and may be made at any time. A voluntary agreement may, for example, become relevant in the event of redundancy or occur in connection with a dispute between an employer and an employee.

In the case of voluntary agreements, the rules in the Contracts Act apply. An employee who felt forced to enter into an agreement can therefore have it declared invalid. They can point out that it is unfair taking into account the circumstances at the time of the agreement's creation and also the circumstances in general.

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