Otillåtna bisysslor - En rättsvetenskaplig analys om bisysslors tillåtenhet inom den offentliga sektorn

Sammanfattning: In order to maintain the public’s trust, the Instrument of Government dictates that all public employees must act objectively and impartial. To ensure compliance with this regulation, the Public Employment Act has incorporated legislation on incidental employment. Incidental employment refers to any employment, assignment or activity that may harm the reputation of the authority. This is further regulated through collective agreements. This essay examines the consideration carried out during the approval process of incidental employment, as well as how this procedure aligns with the legal rights of the employee. Although certain areas of the legislation have never been tested in the labour court, the outcome of the legal assessment includes certain proposed legal criteria. Incidental employments are tried on a case-by-case basis and under certain circumstances an elevated risk of harming the reputation of the authority can be tolerated. The legal analysis concludes that compared to the legal ruling under the incidental employments act, rulings under the collective agreements are in general more specific and tangible. Notwithstanding the ruling of law, the final decision whether or not an incidental employment can be accepted, remains at the full discretion of the employer. In addition, the essay investigates the control system which was introduced to strengthen the regulation of the incidental employment. The analysis identifies two potential weaknesses; the employee is imposed with a great deal of responsibility, and uncertainty in the regulations which might cause inconsistent assessments between public employees. Finally, the essay investigates the legal consequences following undertaking unapproved incidental employment. The analysis establishes that it can lead to disciplinary sanctions, reassignment or termination of employment.