En skälig bedömning eller ett brott mot anställningsavtalet? - En kandidatuppsats om begreppet arbetsvägran

Sammanfattning: Refusal to work is defined as when an employee violates his obedience to orders, which is a serious matter. The exact definition of the term refusal to work is not clearly defined in the legislation. Therefore, the overall purpose of the essay is to gain a deeper understanding of the term’s definition. The essay describes when there are extenuating circumstances to refuse to perform tasks, and when a refusal entails a breach of the employment contract. Furthermore, the consequences of a refusal to work are explained. In conclusion, there are circumstances that entail an exception to obey orders, meaning that there are situations where refusing to work is considered reasonable. Furthermore, an employee who refuses to perform work does so at his own risk. In situations where preferential rights of interpretation or danger for human life or health occurs, an employee has enhanced protection against the consequences of a refusal to work. An employee may also refuse to perform work on the basis that the employer delegates orders that are contrary to law or good practice. In the event of a stated work refusal, the consequences depend on the circumstances surrounding the individual case. As most court cases show, the Labor Court makes a division between general and specific refusal to work, if the refusal to work leads to dismissal or dismissal without notice. Lastly, the essay showed examples of extenuating circumstances in the event of a refusal to work, which can lead to the employee not receiving any consequences.