Förändring av arbetstidens förläggning och omfattning

Sammanfattning: Flexibility is an issue that has dominated the labour market for several years. A central aspect of employer flexibility is the possibility to change and adapt working hours and the range of working hours, while simultaneously ensuring the organisation functions to its best ability. Conflicts surrounding a difference in opinion between the employer and the employees’ views on this issue are a common occurrence. The employer strives to increase profitability and adjust to the market, while the employee focuses on finding a balance between making a living and family life. During the autumn of 2016 this conflict gained wide spread attention from the Labour courts ruling AD 2016:69. The aim of this essay is to clarify the legal position for an employer who wants to change working hours and the range of working hours for existing employees. The essay will consider changes within the right to lead and allocate work, but also the changes beyond it. The essay categorises the different factors that limit an employer’s right to lead and allocate work regarding working hours. Furthermore, the difference between dismissal to re-regulate and dismissal to end the employment is clarified. Using praxis, this paper discusses the numerous possibilities available to the employer through implementing the two options. The essay concludes that the interpretation by the Swedish Labour court offers the flexibility demanded by the employer, both in relation to changes within the right to lead and allocate work, as well as changes beyond it.