Arbetsbrist : Turordningsreglernas och omplaceringsskyldighetens påverkan på arbetsgivares arbetsledningsrätt

This essay will address restrictions that an employer has in case of termination of employment due to redundancy. A company that has financial problems or wants to reorganize their business may need to lay some employees off work. That kind of happening does not happen easy for the employer. Although a Swedish employer has a right to direct and allocate work there are a few restrictions before an employee does not work at the company anymore. To find out how these restrictions affects an employer and their rights the Swedish law, with both laws, preparatory work and case law will be examined. Apart from the Swedish legislation the essay will also have a look into the EU legislation and how it affects national law. The legal research will contain of laws and case law with focus on the employer’s obligation to reposition an employee in 7§ law regarding employee protection and to obtain the priority rules, 22§ of the same law. Furthermore, with a theory of interest, the essay will discuss why and how the labour court argue for the employee or employers right to allocate work. The EU will be compared to the Swedish legislation to see if there are differences and what the differences may be. The legal research alongside the analysis showed that these restrictions can, if used well, not be restrictions that interfere with the employers right to direct and allocate work. This as a result of the theory of interest model. Finally, the essay shows how the EU and Swedish legislation are compatible