New case law – regarding right to salary during notice period (AD 2026 nr 8)

A staffing agency in the construction industry has dismissed an employee who was hired to be leased out. The construction agreement states that a dismissed employee is entitled to retain their salary and other employment benefits during the notice period, even if the employee is not assigned any work at all or is assigned different work than before. The staffing agency paid the basic salary for the periods during the notice period when the employee was not hired out to other companies. A dispute has arisen as to whether the provision in the construction agreement means that the employee was entitled to receive the same remuneration as for the most recent booked work instead of the basic salary during the notice period when the employee was not hired out, and whether the staffing agency therefore violated the provision in the construction agreement regarding the right to continued pay during the notice period by only paying basic pay.

The Labour Court found that the staffing agency did not breach the construction agreement by paying basic salary when the employee was not hired out during the notice period. The Labour Court therefore dismissed the claim.

Read more here (Swedish).