Special fixed-term employment (SÄVA) – rules, the 12-month limit, and agreements

Short answer: Special fixed-term employment (särskild visstidsanställning), often abbreviated as SÄVA, is a permissible form of fixed-term employment under Section 5 of the Employment Protection Act (LAS). The employer does not need to demonstrate that the work is temporary, but must keep track of the duration of employment, information requirements, and the rules regarding when the employment converts to permanent employment.

When can SÄVA be used?

SÄVA replaced the former general fixed-term employment. This form can be used without the employer needing to link the employment to a substitute position, a specific season, or a particular project. This makes the form of employment flexible, but this flexibility is balanced by clear conversion and priority rules.

The 12-month rule – when does employment become permanent?

A special fixed-term employment converts to a permanent employment when the employee has been employed under SÄVA for a total of more than twelve months under the conditions specified in Section 5 a of the LAS. Employers should therefore continuously document all previous SÄVA periods with the same employer.

Why is employment history important?

It is not enough to look only at the latest agreement. Previous SÄVA, substitute positions, and seasonal employment can affect how the period of employment is assessed. In the case of several short-term employments, any intervening time may also be of significance according to the LAS.

What should a SÄVA agreement contain?

• that the form of employment is explicitly special fixed-term employment,
• start and end dates or a clearly defined end point,
• position, work tasks, and workplace,
• extent of employment and working hours,
• salary and other compensation,
• vacation and other benefits,
• applicable collective agreement,
• information on how the employment terminates,
• other information that the employer must provide according to the LAS.

Notification when employment does not continue

An employee who meets the qualification period in Section 15 of the LAS and will not be given continued employment is entitled to notification at least one month before the end of the employment period. For SÄVA, the specific nine-month limit over the last three years applies, among other things.

Priority right to new SÄVA

The LAS contains specific rules regarding priority rights. An employee who has sufficient qualifications may gain a priority right to new special fixed-term employment after the qualification period specified in Section 25 of the LAS.

Collective agreements can change the rules of the game

Before using a standard agreement, the employer must check whether any collective agreement contains deviating provisions regarding fixed-term employment, notification, period of employment, or other terms.

Common mistakes

• the employer just writes "fixed-term" and does not specify the correct form of employment,
• previous SÄVA periods are not added together,
• the end date is unclear,
• notification according to Section 15 is missed,
• the collective agreement is not checked.

FAQ

Does the employer have to specify a specific reason for SÄVA?

No. SÄVA can be used without the work needing to be temporary in nature, but all other LAS rules must be followed.

When does SÄVA become permanent employment?

When the total SÄVA time exceeds the limit following from Section 5 a of the LAS, normally more than twelve months during the calculation period defined by the act.

Can SÄVA be combined with collective agreements?

Yes, but the collective agreement may contain rules that deviate from the standard rules of the act and should therefore always be checked.

This article provides general information and does not replace individual legal advice. Contracts, collective agreements, and the circumstances of each individual case may affect the assessment.