Is it secured by law hat a parmanent employment is on full-time and has a higher pay than a time-limited employment?
Hello.
I will finish my 6 months contract in march and will get permament employment.
Is it secured by the law that the permament employment has to be 100% guarante (160 hours), or there has to be a payment rise ?
Regards
Lawline svarar
Hello, and thank you for using Lawline's services!
If I understand you correctly you are currently employed at one place on what we can a fixed-term contract and later on you will continue on at the same workplace on contract for an indefinite term. The rights for employees is regulated in Lagen om anställningsskydd (LAS), but in your case it mostly comes down to the contract in question.
A contract of employment can differ from one case to another
Labor law is largely unregulated in law. This means that what the agreement between employer and employee says, goes. There are some limits in LAS, but those mainly concerns times when the employer or employee wants to terminate a contract, the employee's right to compensation if the employer breaks the law and so on.
The salary and the number of hours worked are not regulated in law. These factors are regulated in the agreement between you and your employer. They are usually settled after some negotiations between the two of you. There is not right in law to full-time employment. A permanent employment can be on any number of hours and is not necessarily full-time.
Neither is there a right to a pay raise when going from a fixed-term to an indefinite term contract. When negotiating the new contract, these are things that you need to bring up with your employer to see if you can agree on something.
A collective labor agreement can result in further rights for the employee
If your employer is party in a collective labor agreement (CLA), they can be obligated to offer contracts on a certain number of hours, or with a settled minimum salary. The content of these agreements differs and can mean different things for different workers.
What to do
Try to sort out if your employer is bound by a CLA and check the contents of the agreement for things that might be relevant to your future permanent employment. Ask your employer or colleagues if you are unsure about this. If the employer is part of a CLA, there should normally be a union representative among the employees that you can talk to as well. If there is no such agreement, the number of work hours and salary are up to you and your employer to negotiate before you settle on the permanent contract. If you are unsure of what to ask for in this type of negotiation, try contact your workers' union. They often offer tips and recommendations for these types of negotiations.
I hope that you have found this answer helpful. If not, you are welcome to ask another question.
If you wish to look at LAS in English, you can find it here.
Best regards,
