THE MAIN CONTENT OF THE LEGISLATION The Security of Employment Act Basically this Act applies to all em- ployees both public and private, but exceptions are made e. g. for mana- gerial categories and members of an employer's family. Certain special The unions of employers and employ- ees have been given the opportunity of replacing or supplementing the pro- visions of the Act with more specific arrangements of their own on certain The Act contains the fundamental validity of notice can be brought be- fore a court of law. An employee is generally entitled to retain his employ- ment pending the final settlement of the dispute. The Act thus abolishes the traditional principle whereby the The Act stipulates a minimum of one month's notice from employer and employee alike. An employee who has worked for the same employer for a certain minimum period is entitled to a longer period of notice if he is 25 or over. The period of notice rises successively with the age of the em- Different rules concerning periods of notice — providing for both longer and shorter periods - may apply, however, under a collective agreement. The basic rule is that an employee is entitled to full pay during the period of notice, but an employer may deduct any amount that the employee has earned or obviously could have earned elsewhere during this period. Full wages are payable in connection with lay-offs lasting more than two consecutive weeks or totalling more than 30 days during one and the same calender year. The Act contains very important rules concerning the order in which an employer can give notice to employees due to lack of work or the order in which he can lay them off. Basically, employees are to be given notice or laid off on the principle of "last in first out". An employee given notice for lack of work is entitled, for a period of one year following the termination of his employment, to first option on new jobs with his former employer. Certain collective agreements contain diffe rent rules concerning the order in which employees are to be dismissed or laid off and the order of priority for new jobs. Rules concerning periods of notice and consultation provide the unions with an opportunity of keeping an eye on the personnel policy of firms and of exerting influence on employers. An employer must give notice e. g. if he intends to dismiss or lay off employees or if he wishes to conclude an agreement concerning recruitment when a previous employee has priority. An employer guilty of an offence against the Act can be ordered to pay damages. Any decision concerning the occurrence and degree of damage must take into account what is termed constructive damage. In the case of an employer disregarding the invalidation by a court of notice served, the compensation awarded is to correspond to 1-32 monthly wage payments, according to the length of time for which the employee has worked for the employer. The Promotion of Employment Act This Act, which applies to both public and private activities, makes it the duty of an employer to give the county labour board a certain period of notice before introducing a cut back. If the cut-back is liable to result in dismissals, the period of notice varies between two and six months, according to the number of employees affected. The Act also contains rules designed to make it easier for elderly employees and employees with reduced working capacity to retain or obtain employment in the open market. The idea behind these rules is for the labour market authorities to consult employers and relevant organizations concerning the measure which may have to be taken to this end. The rules provide support for the activities of the so-called adjustment groups that have begun to operate in firms. Failing negotiated solutions, the labour market authorities can issue instructions to the employer concerning the measures he should take. If the instructions issued by the National Labour Market Board are not complied with and if there is obviously no other remedy, the Board can as a last resort stipulate that the employer is only to engage employees referred to him or approved by the Employment Service. The Act concerning the status of shop stewards at work places This Act is aimed at providing support for the union activities on which the full implementation of the reforms passed in recent years in the field of industrial relations depends. It covers the whole of the Swedish labour market. In order for the Act to apply, the shop steward must be employed by the employer and be active at the work place. Responsibility for the union activities to which the Act refers is vested in the local union organization which is or is usually bound by a collective agreement covering the work place in question. This too is the organization determining which employees are to be shop stewards. A shop steward may not be obstructed by his employer in the discharge of his duties. The Act also provides safeguards against a shop steward being allotted inferior conditions of employment on account of his union duties. In the event of cut-backs, the shop steward is to be given priority in the matter of continued employment, provided that his union duties are of particular importance to the work place. The Act also entitles the shop steward to the leave of absence he requires for the discharge of his duties, though this leave of absence may not exceed what is reasonable in relation to conditions at the individual work place and is to be timed so as to avoid serious obstructions to the normal course of work. Leave of absence must as a general rule be determined by agreement with the employer. Union business concerning the work place may be attended to during paid working hours. The Act implies that, in the event of a dispute, the implementation of the Act is to be determined by the union organization pending settlement of the dispute. In other words, the union organization enjoys priority of interpretation. Exceptions are only made in cases where safety at the work place, important public functions or comparable interests may be jeopar dized. If the union organization occasions an incorrect implementation of the Act and has realized or can be deemed to have realized its error, damages may be awarded against it. On the other hand the shop steward will not incur any penalty if he acted with the approval of his organization. Most of the provisions of the Act are optional, i. e. they can be adapted by collective agreement to the different conditions applying at different work places. On the other hand the fundamental rules concerning the safeguards for a shop steward are mandatory. tried by the civil courts more readily than before, and administrative appeal procedures in the public sector have been reduced accordingly. The Industrial Litigation Act Basically these rules cover labour disputes of all kinds, including disputes in the public sector. Thus disputes of the latter variety can now be The proceedings of the Labour Court deviate in certain respects from the rules of the Code of Procedure concerning civil proceedings. The Labour Court also differs from district courts in the manner of its composition, as its members also include representatives of unions of employers and employees. |