EMCC European Monitoring Centre on Change

Sweden: Effects of non-compliance with dismissal regulations

Sweden
Phase: Management
Típus:
Effects of non-compliance with dismissal regulations
Utoljára módosítva: 10 December, 2021
Név:

Lag (1982:80) om Anställningsskydd

Angol név:

Employment protection act (1982:80)

Cikk

34-36, 38, 39

Leírás

A dismissal without just cause should be declared null and void by the employer if so requested by the employee, unless the employee is dismissed due to a shortage of work. If there is a shortage of work, the dismissal is null only if the seniority rules on selection are violated. The labour courts settle any disputes over rights and obligations. In addition, economic and general damages can be paid.

Failure to inform and consult trade unions or to give notification to the public employment service does not make the collective dismissals void, but may make the employer liable for fines (about €10–60 per affected employee and the fines increase with the length of the failure to consult and notify).

If an employer fails to comply with a court order declaring a dismissal null and void, the employment relationship is deemed as having been dissolved, and the employer has to pay (additional) compensation to the employee (up to 32 monthly wages).

Hozzászólások

One of the most common reasons for declaring a dismissal void is inadequate documentation by the employer. 

The ongoing reform process of the Employment protection act will entail changes to practices in cases of disputes about dismissals. If a dismissal is annulled, the employment will end after the end of the notice period, rather than last until the dispute is finally settled, which is the current practice. Thus, the employer will not have to pay wages during the entire dispute period. Instead, the dismissed employee may seek support from the unemployment insurance fund and, if the employer is bound by the main agreement, a supplementary collectively agreed unemployment insurance fund, which together correspond to 80% of the employee's salary. The changes are expected to enter into force on 30 June 2022.

Cost covered by
  • Employer
Involved actors other than national government
  • Public employment service
  • Trade union
  • Other
Involvement others
Labour court
Thresholds
No, applicable in all circumstances
Hírforrások
Useful? Interesting? Tell us what you think. Hide comments

Eurofound welcomes feedback and updates on this regulation

Új hozzászólás