- Phase
- Employment protection act (1982:80); Co-determination act (1976:580)
- Native name
- Lag (1982:80) om Anställningsskydd; Lag (1976:580) om Medbestämmande i Arbetslivet
- Type
- Staff information and consultation on business transfers
- Added to database
- 08 May 2015
Article
6b, 7 and 25 of the Employment protection act; 28 of the Co-determination act
Description
In the framework of a transfer of an economic entity or part of an economic entity (including public sector and seagoing vessels) which retains its identity (for example, the sale of the business) the transferee has to take over all employment contracts without changing any rights and obligations of the workers for one year following the transfer. However, contracts can only be transferred with the consent of the employee in question. Employees have a right to object to being transferred within reasonable time. In this case, these employees remain in the employment of the transferor.
Both the transferor and the transferee have to inform and consult with the employee organisations before a decision to realise a transfer of undertaking is taken. If there is a collective agreement at the workplace, the trade union representatives bound by the collective agreement are to be informed and consulted. If there is no collective agreement, every trade union that has members that will be affected by the transfer need to be informed and consulted.
The consultation procedure has no fixed length, and the employee organisation does not have the right to declare void any decision of the employer.
Citation
Eurofound (2015), Sweden: Staff information and consultation on business transfers, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/staff-information-and-consultation-on-business-transfers/sweden