New case law – Regarding limitation period

If a consultation procedure is concluded after central dispute resolution has been invoked but before it has been held, the consultation is considered to have been concluded when the consultation procedure was terminated, i.e. the termination of the negotiation procedure then constitutes the starting point for the time limit for bringing an action under section 40, third paragraph, of the Employment Protection Act.

The provisions of sections 40 and 42 of the Employment Protection Act on the limitation period for claims for invalidation of an employer’s termination of an employment contract may be regarded as special legislation in relation to the provisions of the Co-determination Act on the limitation period for claims for annulment of a legal act or contractual provision that violates association rights. The limitation provisions in the Employment Protection Act shall therefore be applied when an employee covered by these provisions seeks to have an employer’s termination declared invalid and, among other things, claims that the termination constitutes a violation of the right of association.

Read more here (Swedish).