Labor law rules regarding the employer's rights and obligations in the event of dismissal due to personal reasons
Misconduct
In employment law, termination of an employment may become relevant when the employee, for example, is guilty of misconduct. Misconduct includes refusal to work, inappropriate behavior, illegal absence, etc. The employer must document the employee's unsuitability to carry out the work. In order for there to be objective grounds for termination, it is also required that the misconduct is repeated, ie. occasional cases of negligence are not sufficient for termination.
Collaboration difficulties
An employer can also dismiss an employee if he or she points out cooperation difficulties. The difficulties must be of a serious nature and the employer has an obligation to try to relocate the employee before a termination can become relevant.
Intoxication
Furthermore, drunkenness can mean dismissal for the employee. Only repeated offenses can not lead to termination. If the employee is intoxicated on several occasions, the employer has the right to terminate the employee. However, the employer has a far-reaching rehabilitation responsibility if an employee is judged to be an alcoholic. A termination can not be relevant as it is counted as a medical condition, which does not constitute a reason for termination.
Illness
As a rule, illness is not an acceptable reason for termination if it can reasonably be assumed that the employee will recover. A termination can also not be actualized during the time that he receives sickness benefit from the Swedish Social Insurance Agency. During the time the employee is ill, the employer has a rehabilitation responsibility, which means that the employee cannot be dismissed during his rehabilitation. The employer must help the employee with assistance. If the employee does not participate in his or hers rehabilitation, it can lead to the employer having objective grounds for termination. The employer can also terminate the employee if he or she is granted full sickness benefit from the Swedish Social Insurance Agency.
Crime
Crime on the part of the employee can also lead to termination. Abuse, theft, threats and embezzlement are usually grounds for dismissal. However, the employer may not dismiss an employee as a criminal act if it is deemed excusable. Suspicion of crime is not a reason for termination. The employer has the burden of proving that the employee has committed a crime.
Competing business
If the employee conducts competitive business with the employer, this normally constitutes grounds for termination. In order for the employer to have objective grounds for termination, it is required that the employer can demonstrate that the competition has contributed to financial damage to him or her.
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