Limitation periods under LAS – deadlines after termination and summary dismissal

Have you been given notice or summarily dismissed and want to challenge the decision? Time can be critical. LAS distinguishes notification to the employer from bringing court proceedings. Completing one step does not always preserve your right to a hearing.

Invalidity claims: the main rule is two weeks

Under section 40 of the Swedish Employment Protection Act, a person seeking a declaration of invalidity must notify the employer no later than two weeks after termination or summary dismissal. For termination with notice, the period therefore normally does not run from the final employment date.

If the employee did not receive the information on invalidity proceedings required by section 8 or 19 LAS, the notification period is instead one month from the date employment ended. The notice and circumstances must be reviewed before relying on that longer period.

When must court proceedings be brought?

If negotiations under the Co-Determination Act (MBL) or a collective agreement were requested within the notification period, the main rule is that invalidity proceedings must begin within two weeks after negotiations ended. Otherwise, proceedings must begin within two weeks after the notification period expired.

An ordinary conversation with the employer or ongoing settlement discussions do not make it safe to wait. Establish which negotiations were requested and which deadlines apply.

Damages: a different deadline

Under section 41 LAS, a person claiming damages or another monetary entitlement under the Act must normally notify the other party within four months of the harmful act or the claim falling due. If information on damages proceedings under section 8 or 19 was missing, the employee's period instead runs from the end of employment.

If relevant negotiations were requested within the notification period, proceedings must normally begin within four months after they ended. Otherwise, the court-action period runs from expiry of the notification period. Specific rules apply to certain claims.

Agreements and employment categories can matter

Collective agreements may contain permitted departures from statutory deadlines. The type of employment and claim must also be examined. Rules on an allegedly unlawful fixed term, for example, are not identical to those on termination.

What happens if time runs out?

Under section 42 LAS, a person who fails to notify or bring proceedings in time loses the right to pursue the claim. Missed deadlines can therefore be decisive. Legal assessment must cover both the claim and whether it can still be enforced.

Gather the documents and act in time

Keep the notice, information on how and when it was given, your contract and any correspondence about negotiations. Record dates carefully. Do not assume that emailing a legal adviser means someone is monitoring the deadline.

Get help assessing the next step

Arbetsrättsjuridik helps employees and employers review notices, assess employment claims and handle negotiations or disputes. Request a quote for a defined assignment. Advice and legal analysis are provided for a fee.

Also read about termination for personal reasons, summary dismissal and redundancy in the knowledge centre.

Legal source: the Swedish Employment Protection Act (1982:80), especially sections 2b, 8, 19 and 40–42. Checked on 21 October 2026. This article provides general information and does not replace individual advice.

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