Employment after 68 years of age (info for HR)
Employees' employment protection has been extended from 1 January 2020, through amendments to the Employment Protection Act (1982: 80), LAS. The age for the right to remain in employment is 68 years. January 1, 2023, it is changed to 69 years.
Continued employment after the right to remain in employment ends
An employee has the right to remain in employment until the end of the month in which he or she reaches the age of 68. When an employee reaches the LAS age and continued employment is not relevant, the employment must be terminated in compliance with the rules in the LAS. In the event that the parties agree on continued employment, a new employment agreement must be entered into, in accordance with items 1–7 below.
Reconsideration of continued employment
The employer (responsible manager) must annually (in the Performance management dialog or equivalent) reconsider the employment well in advance before the employee turns one year older in order to decide whether the employment should continue for another year. The reconsideration presupposes a documented dialogue between the manager and the employee. The documentation must contain the conditions for the employment; percentage, financing and a plan for how the exchange of skills is to be carried out. Decisions on re-regulation or continued employment under this paragraph shall specifically be motivated.
HR at the department is responsible for reminding the responsible manager of the annual review of the employment. In Primula there is a list of employees who have reached the age of 67 and are called "Employees 67 years and older" ("Anställda 67 år och äldre").
Rules for the employment of persons who have reached the LAS age
The following applies to all employment contracts entered into, with persons who have reached the LAS age:
1. An employment after reaching the LAS age shall apply indefinitely (permanent position) unless there are special reasons for limiting the employment (employment of a visiting professor and adjunct professor cuts on the basis of Chapter 4, Sections 10–12 of the Higher Education Ordinance [1993: 100]).
2. The terms of employment shall be regulated in a new employment contract.
3. Salary is paid per month.
4. The employment can last for a maximum of five years.
5. The employment rate shall comprise a minimum of 10% and a maximum of 50% of full-time employment.
6. The employment shall not refer to assignments as a manager or tasks with a managerial position.
7. Decisions on employment are made in accordance with the provisions of the current decision-making and delegation rules of KI.
The President of KI (for professors) and the HR-director (for other positions) may decide on exceptions from item 4, 5 and 6 if there are special reasons.
When applying for an exemption, please follow the Checklist for exemptions for employment after the right to remain in employment ends (in Swedish).
In addition to what is stated in points 1-7 above, it applies in particular that teachers and researchers who are employed after LAS age must:
a. be financed through own, current and ongoing external grants for salary and operation (the salary cost must not exceed what is stated in the external grant)
b. be employed in direct connection with the attainment of LAS age.
c. be able to be a PI (Principal Investigator) and have a right to authourize external grants signed with the teacher / researcher as principal.
d. be available to mentor junior researchers. Assignments as the main supervisor for doctoral students shall not be given to teachers and researchers who have passed the LAS age. A prerequisite for such an assignment is that it can be completed before the supervisor's employment ends.
Reregulation of the employment contract
Reregulation of the employment contract means that a new employment contract is written and in accordance with rules for employment of persons who have reached the LAS age unless an exemption has been granted by the president/HR-director. Under "Other" in the employment contract, it must be stated that "The employment contract replaces previous employment contract dated XXX from XXX (date of entry into force of the new employment contract).”
The wage type for employees who are employed permanently and who have reached the LAS age (68 years) is called 0013 (Until further notice 68+).
The normal case is that professors who are employed after reaching LAS age are employed permanently and have the position of professor. If there are special reasons for the employment to be limited in time, the position senior professor shall be used.
Termination after the right to remain in employment ends
(See process template in Swedish below under Documents)
When an employee reaches the LAS age (An employee has the right to remain in employment until the end of the month in which he or she reaches the age of 68) and the right to remain in employment ceases, a significant change in employment protection occurs. The employer may then dismiss an employee without a requirement for a factual basis. The employer does not have to state any reason for dismissing the employee. Termination can not take place until the person has turned 68 years of age at the earliest and the employment ends after one month's notice.
Well in advance before an employee reaches the LAS age, the responsible manager must conduct a dialogue with the employee, which must result in a documented plan for how skills exchange and / or completion of current assignments will take place until the LAS age is reached or, where applicable, a plan for continued assignments. The employer must annually reconsider the employment in good time before the employee turns one in order to decide whether the employment is to continue for another year. If the employment is to be terminated, the employee must be informed well in advance before the employment ends so that the employee has time to apply for pension (approximately 4 months of processing time at the The National Government Employee Pensions Board, SPV).
Routine description in connection with dismissal after the right to remain in employment ends:
Step 1a. Notice of intended dismissal (Only in Swedish: Underrättelse om tilltänkt uppsägning av arbetstagare som har fyllt 68 år) must be handed over to the employee who should sign that the notification has been received. At the meeting, the manager asks about the employee's union affiliation.
Step 1b. If the employee is affiliated to a trade union, the relevant trade union organization must also be notified (Varsel om tilltänkt uppsägning av arbetstagare som har fyllt 68 år). The notification and notice state that both the employee and the trade union have the right to consult with the employer.
Step 2. The employee or union can then call for consultation within a week. If deliberation is called for, termination may not take place until the deliberation is complete. If the employee or the trade union concerned requests a consultation, the Negotiation Unit at the HR department must be contacted.
Step 3. If deliberation is not called for within a week, you can proceed with the termination. The dismissal must be submitted to the employee no later than one month before the employment ends (Besked om uppsägning av arbetstagare som har fyllt 68 år). The employee must sign that the dismissal has been received. Notice of termination must be sent in original to the relevant payroll specialist at the HR department for completion and archiving.