Kunskapssamhällets kvalifikationskrav vid omplacering : En utredning av hur rekvisitet tillräckliga kvalifikationer förhåller sig till samhällsutvecklingen

Sammanfattning: This thesis aims to investigate the signification of qualification requirements that an employer imposes for resettlement in redundancy dismissals. Furthermore the aim is to examine how the requirement relates to the development of society and highlight possible consequences for the employment protection. To determine applicable law a legal dogmatic method is used. This method is supplemented with a sociological perspective to illustrate the connection between the application of the requirement and the development from an industrial society to a knowledge society. Based on this thesis, following conclusions were drawn. In the assessment of the requirement the Labour Court takes into account whether the requirement is reasonable, substantially and non-discriminatory. The requirement is a minimum criteria where the worker meets the same requirements as a new employee, and that is generally imposed on the current post. However, essential factors such as company size, financial situation, if the post in question is of a specialized nature, matters for the assessment. The Labour Court also reason about what would be a reasonable period of apprenticeship, which differs from case to case. What constitutes a reasonable time will depend partly on the above facts and also on the employee's ability to learn based on previous qualifications. Regarding the concept of qualification formal, informal and personal qualifications are included. In formal qualifications education, certifications and language skills are counted. The informal requirements consist of practical experience and the personal requirements include physical, mental abilities, behavior and personal suitability. During the later period of LAS the largest proportion of cases that investigates sufficient qualifications consists of education requirements, compared to the earlier period when practical experience was dominating. Today there are also fewer workers that fulfill the condition than during the early years of LAS and the most common reason is lack of education. The opinion that education is of importance to achieve the competence required in today's production efficient society leads to qualified jobs and a higher standard of qualification requirements. There is a clear connection between education and employment. Among the less educated; older and foreign-born people are overrepresented. The level of education also differs between the various sectors and between different classes. Even young people without secondary education, young people with disabilities and foreign-born youths are particularly vulnerable to being caught in long periods of unemployment. In summary, these groups tend to be marginalized and get a protection that does not provide the same conditions as if they were higher educated, Swedish-born and from a privileged class.