Employment after 68 years of age (info for employees)
Employee 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.
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 this age and the right to remain in employment ceases, there is a significant change in employment protection. The employer may then dismiss an employee without a requirement on objective grounds. The employer does not have to state any reason for dismissing the employee and the notice period is 1 month.
Well in advance before an employee reaches the LAS age, the responsible manager must carry out a dialogue with the employee, which must result in a documented plan for how skills exchange and / or completion of current assignments is to take place until the LAS age is reached or, where applicable, a plan for continued assignments.
The employer must annually reconsider the employment well in advance of the employee's birthday 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 a pension.
If the employee wants to terminate her/his own employment , the notice period is 1 month, and the form Termination must be used. In the event of your own termination, it is important to apply for a pension well in advance.
If the employment is to remain after the age of 68, the employment procedure must take place in accordance with KI's regulations. Regulations for employment after the right to remain in employment ends.
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.
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.