Employer's duty to redeploy
What applies in the case of reassignment? Here, both employers and employees get a brief overview of the legal framework regarding staff shortages, rehabilitation, and personal reasons, as well as what is required for a correct and professional reassignment investigation..
The employer's duty to redeploy employees, how the rules work.
When employment can no longer continue as before, or when special needs arise, the employer's duty to reassign often comes into play. This is a central part of Swedish labor law that aims, as far as possible, to provide the employee with continued work at the employer before a termination becomes relevant.
What do the obligations of redistribution and redistribution investigation mean?
The duty of redeployment means that the employer has a legal obligation to investigate whether there are other vacant positions for which the employee is qualified. To fulfill this requirement, a redeployment investigation must be carried out.
If an investigation is not conducted, or if there are uncertainties regarding whether a reassignment was possible, there are often no valid grounds for termination. The exception is if the employee has committed a serious offense against the employer that makes it unreasonable to require a reassignment.
Relocation and Employer's Responsibility
Before a termination can be carried out, the employer has an obligation to investigate whether there are redeployments within the organization. This means that the employer must look at vacant positions that are reasonable for the employee, both in terms of content and in practice.
If reassignment opportunities exist but are not offered, the termination may therefore be considered invalid. It is therefore important that the employee receives a written offer of reassignment if one exists and that the employer documents both what has been investigated and what decisions have been made.
Situations where employees have the right to reassignment.
The scope of the duty to redeploy varies depending on the situation. Here are the most common cases:
- In case of labor shortage: Before the order of priority rules are applied, the employer must investigate the possibility of redeployment to other vacant positions.
- For personal reasons: Before termination for personal reasons can be considered, the employer must assess whether reassignment is a reasonable measure.
- Pregnancy and breastfeeding: Pregnant women, women who have recently given birth, or women who are breastfeeding, and who are prohibited from performing their usual work duties by the Work Environment Act, are entitled to reassignment if it is considered reasonable.
- Trade union representatives To be able to fulfill their union duties, relocation may be required. The employer has an obligation under the Public Service Act (FML) to facilitate this for the union representative.
- Rehabilitation In case of illness, the employer's rehabilitation responsibility includes an obligation to take measures to enable the employee to continue working, where relocation is a key possible measure.
Professional support during redeployment processes
Do you need guidance on how a job reassignment investigation should be designed, or are you unsure about what applies in your specific case? We will help you navigate the regulations. We will review documentation, ensure that the process follows legal requirements, and provide you with the support you need to ensure correct handling, whether it concerns a shortage of work or rehabilitation efforts.
Frequently Asked Questions about Termination
Does the employer have to create a new position?
No, the obligation to reassign generally only covers existing, vacant positions.
What happens if I decline a relocation?
If the employer has offered a reasonable reassignment that you decline, this could in some cases lead to grounds for termination.
Who has the burden of proof for the reassignment investigation?
It is the employer who must be able to show that a serious reassignment investigation has been carried out.