- Phase
- Employment protection act (1982:80)
- Native name
- Lag (1982:80) om Anställningsskydd
- Type
- Obligation to consider alternatives to collective dismissals
- Added to database
- 08 May 2015
Description
For a termination due to redundancy to be justly caused, the employer is obliged to investigate the possibility of internal redeployment to vacant positions within the company.
Under the previous law, amended in 2022, the rules stipulated that if any vacant position exists, the employer must offer it to the employee if this is reasonable. If there are no possibilities of redeployment to vacant positions, the order of priority for the redundancies is based on seniority, i.e. a last-in-first-out principle. Under the new rules, the last-in-first-out principle must also be taken into account when redeploying workers with similar tasks within the same operational unit. Workers with the shortest period of employment will be offered a position with fewer hours first.
The employer is also obliged to inform the concerned trade unions. However, there is no specific obligation to consult on the alternatives to dismissals.
Citation
Eurofound (2015), Sweden: Obligation to consider alternatives to collective dismissals, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/obligation-to-consider-alternatives-to-collective-dismissals/sweden