Termination and dismissal
Legal advice for employers
Termination and dismissal in Gothenburg and Kungsbacka
The most common source of disputes in labour law is termination or dismissal. Being able to handle personnel issues and organisational changes in a serious, thorough and professional manner will make your job easier. If staff are to be terminated, there may be good reasons to seek legal advice on how to proceed.
At Advokatfirman Glimstedt’s offices in Gothenburg and Kungsbacka, we have extensive experience in assisting our clients with labour law. Common areas include employment contracts, terminations, dismissals, and the best ways to manage such situations.
We help our clients feel secure when dealing with labour law
Termination initiated by the employer must be objectively justified
A termination initiated by the employer must be objectively justified and provided in writing. It should be personally delivered to the employee and include a written explanation of the circumstances cited as the basis for the termination.
Generally, there are only two reasons considered to constitute objective justification: redundancy or personal reasons. If an employee has seriously neglected their obligations towards the employer, this may warrant summary dismissal. In the case of a termination, the employee is typically entitled to retain their salary and other employment benefits during the notice period. However, if grounds for summary dismissal exist, the employer may terminate the employment with immediate effect.
Redundancy may arise due to changes in the company’s economic situation, for example, a decline in orders, shortages of raw materials or components affecting production, a lack of work tasks, or insufficient funds to sustain operations and pay salaries. It may also result from a surplus of employees caused by reorganisation.
Attention to detail is essential in terminations
A workers’ organisation (trade union) has the right to negotiate with the employer on matters concerning the relationship between the employer and a member of the organisation. A trade union with which the employer is bound by a collective agreement also has a statutory right to co-determination in cases of organisational restructuring.
Before dismissing an employee due to redundancy, the possibility of redeployment must be thoroughly investigated, provided the employee in question possesses sufficient qualifications and there is a need for their skills elsewhere within the organisation.
Redundancy cannot be used as a pretext for dismissals that are, in fact, motivated by personal reasons.
In cases of redundancy, the rules of seniority apply, and an order of priority list must be drafted to determine who will be dismissed first.
Employers with up to ten employees are entitled to exempt two individuals from the seniority rules. According to the Swedish Employment Protection Act (LAS), these individuals must be deemed to have “particular importance for the continued operation of the business.” Generally, it is the employer’s assessment that determines who these individuals are.
Assistance with Termination and Dismissal?
At Advokatfirman Glimstedt, we provide expert guidance on employment matters and represent our clients in disputes during negotiations—both before and during court proceedings.
With extensive legal expertise in labour law, we strive to make your professional life easier. We help you feel secure in your role as a business leader!
Our expert lawyers in labour law – Gothenburg and Kungsbacka
Advokatfirman Glimstedt has eleven offices in Sweden and three in the Baltic States. Visit www.glimstedt.se to learn more about our entire business.