Verksamhetsrelaterade uppsägningar i Sverige och Polen : En komparativ studie

Sammanfattning: This thesis investigates similarities and disparities between Swedish and Polish Labour Law concerning dismissals due to operational requirements and group redundancies. The study focuses on three important elements where the employers’ liberty is legally infringed upon in a procedure of notice. These elements concerns the legal conditions of notice that must be fulfilled, the rules of the procedure and the rules for employment protection that is granted in connection with dismissals due to operational requirement or group redundancies. In the thesis there is a comparative map that outlines the most important rules within the Swedish and Polish legal systems concerning the subject. The analysis has shown that Swedish and Polish Labour Law have many common features and that this depends on the circumstance that the national legislations of the two countries has been affected by the same minimal standards given in EC Directives and ILO Conventions. The analysis has also shown significant disparities. For example, many of the rules that constitutes the core of Swedish employment protection are absent in Polish Labour Law. Furthermore, the lack of coherence in the Polish legal system contributes to great differences concerning employment protection in disadvantage for employees working in little or medium sized companies. Therefore, the Polish leglisation in relation to the Swedish legislation must be considered as poor from the viewpoint of the employee.