Arbetsskyldighet vid omplaceringar : Om arbetsgivares omplaceringsrätt och arbetstagares arbetsskyldighet

Sammanfattning: One of the most fundamental principles of an employment relationship is that the employee is subordinate to the employers right to lead and distribute the work. The employers right to lead and distribute work also includes an independent right to relocate employees, within the framework of the employment. On the other hand, the employment relationship entails an obligation for employees to perform work on behalf of the employer. The purpose of this essay is to investigate and analyze the employers right to relocate employees and the employees’ obligation to work. The essay will examine which circumstances are decisive in the assessment of whether a relocation is too intrusive or not. It will also be examined how extensive the work obligation of employees is when relocating. To achieve this purpose, legislation, case law, doctrine and other literature will be analyzed. The study presents that there are several factors that are decisive in the assessment whether a relocation is too intrusive. It can be established that individual circumstances in the specific situation are of great importance in the assessment. However, some factors that are relevant according the court’s assessments are custom in the line of business and workplace, the effects of the relocation on the employee and the employer’s reasons for the relocation. Since relocations are a complex concept and many relocations are of a unique nature, it would be complicated and problematic to establish general assessment criteria for all relocations.