An employer who plans to reorganize his or her business must follow a number of rules. Read below about certain rules that are updated.
The employer's right of management
The employer has the right to lead and distribute the work among its employees. This means that the employer may decide which tasks the employee is to perform. The employee has an obligation to perform the tasks that the employer decides on in accordance with the parties' employment agreement. In the event of a reorganization, however, the employer must coordinate with the trade union organization about which employee is to perform which tasks etc.
The employer's obligation to negotiate
Depending on whether the employer has a collective agreement or not, the obligations look different to the employer. If there is an updated collective agreement, the employer has an obligation to negotiate with the trade union organization before a reorganization can be carried out. If the employer will terminate employees, negotiations must first take place with the employee organizations that have affected members at work. After the negotiation, the employer can make a decision on reorganization and terminate employees who will be affected by a redundancy.
Risk and impact assessment prior to reorganization
When the employer plans to carry out a reorganization, a risk and impact assessment must be made regarding the changes that may occur. The analysis must show how the change affects both the work environment and the introduction of new routines and / or working methods. All risks must be reported in writing and assess whether the risk is serious or not. The employer must promptly take the necessary measures or document these in a written action plan.
The work with the risk and impact assessment must be carried out in collaboration with the safety representative and the employees at work. The safety representative acts as a support for the employees and represents them in work environment issues.
Notice to the Swedish Public Employment Service
The obligation to notify notice is regulated in the Promotion Act (1974: 13). The law states that if at least five employees will be dismissed in connection with the reorganization, the employer must submit a written notice to the Public Employment Service no later than two months before the first notified employee has his last day of employment.
Relocation and rotation
In order to avoid redundancies in connection with the reduction of its activities, the employer must investigate the possibility of relocating employees whose positions are removed.
The relocation obligation presupposes that there is a vacancy in the business and that the employee has sufficient qualifications for the position. If an employee can be expected to learn the tasks within 3-6 months, the person is considered to have sufficient qualifications for the new position.
Order of priority
In cases where there are no vacancies to relocate employees to, the employer must establish a priority list for the positions that remain in the company. The employer must establish the priority list based on employment time. Competence is also important for which employee is laid off.
Are you planning on reorganize your company and terminate employees? Our lawyers will assist and help you all the way, from planning, negotiating and terminating employees in accordance with the law.
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