Spotify is trying to silence former employees in severance contracts (svt.se)

75 points by brtkdotse ↗ HN
Original article: https://www.svt.se/kultur/spotify-tystar-fore-detta-anstallda-i-uppsagningskontrakt

Google translation:

The expert: Spotify is trying to silence former employees in severance contracts PUBLISHED APRIL 5, 2023 Spotify requires in the termination contract that former employees do not speak "disparagingly" about the company after termination of employment.

Now the streaming giant is accused of trying to intimidate former employees into silence.

- It is the only interpretation that is reasonable, says labor law expert Tommy Iseskog.

In January, Spotify laid off 6 percent of its employees. SVT has interviewed several of these, all of whom have signed a termination contract with a so-called loyalty clause.

It states that the dismissed person may not "speak disparagingly" about the company or former colleagues, that the provisions on confidentiality and fines stated in the employment agreement "apply after the end date" and that a written approval from Spotify is required to be able to talk about the dismissal with Spotify's customers and business partners.

According to a former employee, Spotify wants to scare people into silence.

- They may know that it is not legal, but it is still good to try to get people to voluntarily not talk about this externally.

Expert: Intimidation Tactics According to Tommy Iseskog, labor law expert, the wording is unusual in Sweden - and legally unsustainable.

- Maybe you want to scare people and make people believe that it is legally binding, but that is just nonsense.

Can it be interpreted as Spotify wanting to silence its employees?

- Yes, that is probably the only interpretation that is reasonable, he says.

Several labor law experts confirm to SVT that the wording is unusual in Sweden and would not hold up under legal scrutiny.

Affects freedom of expression Demanding silence after termination of employment is, according to Tommy Iseskog, an "Americanization" that mainly occurs in foreign companies operating in Sweden. He believes that in the long run it can have consequences:

- It is an attempt to restrict the social freedom of expression that we have here.

In the loyalty clause, Spotify states that the contract may be made public in special cases, for example to obtain the right to unemployment compensation, in courts, for unions or when required by law.

The streaming giant declines a taped interview, but responds in writing:

Spotify complied with all legal requirements and provided affected employees with a generous severance package and career support.

5 comments

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This isn't the first time a company tries to import US norms about employment into Swedish labor relations.
And it never ends well.
Pretty sure everyone is entitled to severance package regardless if you sign something or not.

In this case, one would suspect, they got either regular deal without gag order or a better one with one.

Now they don't want to follow on their part of the deal.

You can't have your cake and eat it too.

Except gag orders an unenforceable in Sweden so it’s just BigCo intimidation
Notice that it's not the loyalty scheme per se that is problematic —during active employment in Sweden you are required to adhere to these principals by default— but the unethical possibly illegal messaging. edit: The responsibilities doesn't extend after employment has ended unless otherwise agreed.

What I don't get is why Spotify didn't prepare this arrangement in their contracts with their people when they joined the company. Then all cards would be on the table, the contract would be referred to as “the standard type”, less drama.