När får arbetsgivare omplacera arbetstagare? - En undersökning av arbetsgivares och arbetstagares rättigheter respektive skyldigheter i två omplaceringssituationer inom privat sektor
Sammanfattning: Within the Swedish labor law system, there are mainly two types of relocation situations. The first is that employers, by virtue of their management right, can relocate employees within the framework of their work obligation. This can be done without any imminent risk of termination of employment. The second is that employers, according to Section 7 Part 2 of the Employment Protection Act (1982:80), have an obligation to relocate employees, if deemed reasonable, in order to avoid any termination of employment. The overall purpose of the thesis is to investigate, compile and analyze the rules governing relocation of employees in the two situations, by using legal dogmatic method, to answer the question; when can relocation of employees take place? Employers' right to relocate employees within their work obligation, when termination of employment is not imminent, can be limited by law, agreements, good practice within the labor market and the sauna-bathing principle. The scope of an employee’s work obligation is determined by the law, the employment contract, the collective agreement, customs and general labor law principles, such as the 29/29 principle. Often, an assessment of the circumstances of the individual case, which consists of several steps, is required to determine the boundaries of the work obligation. It is of great significance if the employee is categorized as a blue-collar or white-collar worker. Employers' statutory obligation to relocate instead of terminating an employment is limited in such way that relocation only needs to occur if it is reasonable. Whether a relocation is reasonable or not is determined by an overall assessment. The Labor Court has held that employers, as a general rule, only need to offer relocation to vacant positions somewhere in the company, for which the employee has sufficient qualifications. However, there are several exceptions, including if the employee has misbehaved and thus consumed the employer's trust. The relocation regulations are clearly characterized by conflicting interests. It can be noted that some aspects are practically difficult and could benefit from being clarified.
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