Hyvling av anställningen - omreglerade anställningsförhållanden och minskad sysselsättningsgrad

Detta är en Kandidat-uppsats från Lunds universitet/Institutionen för handelsrätt

Sammanfattning: Planing the employment can partly be seen as re-regulation of the employment terms or as a relocation according to the Employment Protection Act. It is primarily a contractual issue but which is of great importance in a labor law perspective where there is a complexity in how the re-regulation should actually be handled where legal cases and doctrine may provide guidance. The redeployment in the Employment Protection Act has made it possible for the employer to re-regulate the employment contract in order to avoid redundancies in the event of a shortage of work but still take measures for the continued operation of the business. It is a process that can be described in two stages where re-regulation and relocation should not really be compared since they have different legal starting points. The management right and the employee obligation are central to defining when it comes to decisions that the employer can unilaterally decide on and which the employee is obliged to subordinate to. Since the employee can be seen as a weaker party in an employment relationship, there is a need to protect them which the employment protection law intends to do. The Employment Protection Act has extensive protection, but there is, however, no protection for the employment rate. This can have negative effects on the employees' job security as well as on their financial security and can be seen as a contending against the labor market's pursuit of full or high employment rate.

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