- Phase
- Employment protection act (1982:80)
- Native name
- Lag (1982:80) om Anställningsskydd
- Type
- Reemployment obligation after restructuring
- Added to database
- 08 May 2015
Description
If the employer, after a dismissal (both individual and collective), subsequently recruits staff, employment must first be offered to the previously dismissed workers.
This applies to permanently employed workers as well as workers with fixed-term contracts, on the condition that they have been employed for more than 12 months in total over the past three years (or six months over the past two years for seasonal employment) and that the worker meets the required qualifications.
The right of priority applies for up to nine months after dismissal. Employees eligible for possible rehiring must be informed of the details in their written notice.
Reemployment must be done in accordance with seniority. In other words, the rehiring order is determined by length of previous service. If two or more employees have been employed for an equally long time, the elder or the eldest employee is prioritised.
A new prerequisite introduced in the amendment to the law entered into force on 30 June 2022 for re-employment is that the employee has sufficient qualifications for the new position. As previously, the employee also has to have been employed for a sufficient period of employment with the employer. The total period of employment shall be more than twelve months in the last three years, or
* in the case of fixed-term employment, for a total of more than nine months during the last three years, or
* in the case of seasonal employment for a former seasonal worker, for a total of more than six months in the last two years.
The worker is considered sufficiently qualified for the new task if it does not take more than six months to learn the job.
Sources
- Storrie, D. (2005), 'Collective dismissals in Belgium, France, Germany, Sweden and the UK: Some legal, institutional and policy perspectives', Working paper from the MIRE project
-
Watson, W. (2006), 'Employment terms and conditions report Europe', Volume I, Brussels, Belgium
-
Lagen om Anställningsskydd
-
En reformerad arbetsrätt – för flexibilitet, omställningsförmåga och trygghet på arbetsmarknaden Ds 2021:17
Citation
Eurofound (2015), Sweden: Reemployment obligation after restructuring, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/reemployment-obligation-after-restructuring/sweden