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What selection rules apply to dismissals for economic reasons in Sweden?

Sweden
16.04.21
2
Written by
Elmzell Advokatbyrå, one of the leading labour and employment law practices in Sweden, guaranteeing comprehensive and high quality assistance for all of our clients.
What rules on selection order apply to employers in Sweden when considering collective or individual dismissals?

Swedish law includes rules on the selection order for dismissals.

 

In respect of collective or individual dismissal for economic reasons, the employer should first investigate whether the affected employees can be transferred to any vacant position. This obligation applies only when the discussion regarding dismissal is taking place and the employee must possess satisfactory qualifications for the vacant position. The investigation should be made within the whole legal entity within which the employee is employed, including in other geographical locations. However, this obligation does not extend to the wider corporate group.

The applicable legislation also lays down a priority rating based on the length of employment at the specific workplace in question. The main rule is that employees who have been employed longer have priority over those who have been employed for a shorter period (‘last in, first out’). If the employer can only offer continued work to an employee following relocation of the employee, the employee has priority only if s/he has satisfactory qualifications for the available position.

Note that different rules regarding last in, first out are allowed if agreed upon between the employer and the employees’ local organisations. A prerequisite for such an agreement is that the employer is bound by a collective bargaining agreement.

The applicable legislation also lays down a priority rating based on the length of employment at the specific workplace in question. The main rule is that employees who have been employed longer have priority over those who have been employed for a shorter period (‘last in, first out’). If the employer can only offer continued work to an employee following relocation of the employee, the employee has priority only if s/he has satisfactory qualifications for the available position.

Note that different rules regarding last in, first out are allowed if agreed upon between the employer and the employees’ local organisations. A prerequisite for such an agreement is that the employer is bound by a collective bargaining agreement.

Authors
Knut Elmstedt
Elmzell Advokatbyrå
Petter Wenehult
Partner - Sweden
Elmzell Advokatbyrå