Arbetsgivarens möjlighet att avsluta en anställning vid arbetsvägran

Sammanfattning: The purpose of this essay is to analyse the Swedish legal situation regarding refusal to work and when employers can terminate an employment through notice of termination or dismissal based on analysed reasons. In both doctrine and case law a distinction is made between specific and general refusal. Specific refusal can lead to termination of notice, while general refusal can lead to dismissal. The Labor Court have in their assessment, if refusal to work has provided grounds for termination of notice or dismissal, considered whether there were extenuating circumstances and whether the employee has previously misbehaved. Furthermore, they have also considered the employee’s continued suitability based on what happened and how the employee has acted after a warning was received. Case law also indicates that religious freedom weighs heavily, and that the employer needs reasonable reasons to restrict it. Regarding distance work the Labour Court has expressed that the employee has received a special degree of trust which requires clear communication on the part of the employee. In case of absence without leave, the court has deemed that a longer absence usually should result in dismissal while a shorter absence usually should result in termination of notice. Refusal to work has been considered justified in cases where there was a danger to life and health or if an order was contrary to law or good practice. In these cases, it is required that the employee's subjective judgment have been based on reasonable grounds.