notify the relevant local union organizations of his intentions. In a case of personal dismissal, the employee must also be notified in advance. It is the duty of the employer to notify a union organization even if the employee concerned does not belong to it.

The purpose of the rules concerning notice is to give the union organizations insight into the employer's personnel policy as well as an opportunity of demanding consultations with the employer, e. g. concerning the possibility of alternative solutions, the postponement of the measure he has planned etc.

The Promotion of Employment Act provides that, where cut-backs are concerned, the county labour board must also be notified. The employer's duty of notification may also be increased by a collective agreement.

The periods of notice vary according to the nature of the measure intended.

Notice of cut-backs generally has to be given one month in advance, among other things in order to leave time for determining the order of priority between the employees affected. The rules governing notice have been co-ordinated, so that generally an employer has to notify the union organizations and the county labour board simultaneously.

A party who is entitled to notice is also entitled to consultations with the employer. In cases of personal dismissal both a union organization and the employee affected can demand consultations. If consultations have been demanded, the employer may not take the action he intends until an opportunity of consultation has been provided.

In the event of cut-backs, a so-called joint consultation group which also includes representatives of the county labour board and the municipality can be set up at the firm.

Disputes, damages etc.

If a dismissal lacks reasonable grounds, it is to be declared invalid when the employee so requires, and the employee may also be awarded damages for the injury constituted by his dismissal.

If the employee brings an action to have his dismissal declared invalid retains his employment pending settle

ment of the dispute, i. e. in some cases even after the expiry of the period of notice. In principle the employee is entitled to remain at work and, for instance, must not be debarred from the discharge of his duties unless there are special reasons for doing so. On the other hand, if the court considers the notice of dismissal to be justified,

it can decide that the employment is to be terminated on the expiry of the period of notice, even if the case has not been decided by then.

Similar rules concerning the right to remain in employment apply if a dismissal has taken place in such circumstances that there would not even have been reasonable grounds for giving notice of dismissal.

The above rules are among other things conditional on the employee informing the employer of his claim and bringing an action to have his notice of dismissal declared invalid. As has already been made clear, it is the duty of the employer, when giving the employee notice or informing him of his dismissal, to inform him of the procedure he has to follow.

If a court has declared a dismissal or notice of dismissal invalid, it is the duty of the employer to provide the employee with continued employment. If he nonetheless refuses to re-engage the employee or to provide him with work, he can be ordered to pay damages corresponding to

- 16 monthly wage payments if the employee has been employed for less. than five years,

24 monthly wage payments if the employee has been employed for five years or more,

Certain more advantageous rules of computation apply to employees over 45. The compensation rates are increased to 24, 36 and 48 monthly wage payments respectively in the case of an employee aged 60 or over, but the damages payable may never comprise more monthly payments than correspond to the length of time the employee has worked for the employer.

An employee who has been unjustly given notice need not bring an action to have the notice declared invalid. If he prefers, he can leave his employment and claim damages instead, in which case the damages awarded may include compensation for the injury constituted by the notice of dismissal and also compensation for loss of future earnings. In the latter respect, however, compensation is limited to the maximum number of monthly payments referred to above.

Damages may also be awarded in other cases, e. g. when an employer does not comply with an established order of dismissal or denies an employee first refusal of new employ

ment.

Damages can also be awarded to a union organization, e. g. if an employer neglects to give notice of an impending cut-back. Damages can also be awarded out of consideration for the interest the union organization has in the statutory provisions being respected in relation to its members.

An employee can also be ordered to pay compensation, i. e. if he terminates his employment without respecting the prescribed period of notice.

The amount of damages can be ad

Legal proceedings

Disputes concerning notice of dismissal and other cases connected with the Security of Employment Act come under the new Industrial Litigation Act, the content of which will be dealt with in more detail in a subsequent chapter.

A dispute involving an employee who is a union member is referred directly to the Labour Court. In this case the action will normally be brought on the employee's behalf by the union to which he belongs. If the employee is not a union member, the dispute is first tried by a district court (Sw. tingsrätt), the decision of this court being subject to appeal to the Labour Court. As a rule the dispute will be tried by the district court in the locality where the employee lives. The verdict of the Labour Court is final.

justed in certain cases. Claims for damages are also subject to the rule that the opposite party must be notified and an action brought within a limited period.

Disputes concerning notice of dismissal are to be dealt with promptly. Priority is given to certain issues, e. g. the right to debar an employee from work.

If the action is brought by a union organization, it is usually the organization that pays the employee's costs. If the employee pleads his own case, he is entitled to free legal aid on certain conditions. The Act also contains a rule which is of advantage to an employee who loses his case, namely that he cannot be ordered to pay his employer's costs if he had reasonable cause to demand that the dispute be brought before a court.

In certain cases disputes concerning notice of dismissal and other matters may be referred to a special board of arbitration.

Implementation etc.

The new Act applies as from July 1, 1974 and supersedes the so-called Elderly Acts with effect from that date.

The new Act does not apply to notice

of dismissal, lay-offs etc. occurring before it came into force. Instead these matters may be governed by the provisions of the Elderly Acts or other legislation or by the rules contained by collective agreements etc.