Littler Global Guide - Sweden - Q4 2020

Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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Termination of an Employee with Disabilities Due to Personal Reasons

Precedential Decision by Judiciary or Regulatory Agency

Author: Anna Jerndorf, Partner – Törngren Magnell & Partners Advokatfirma KB

On November 18, 2020, the Labor Court ruled in a case where an employer had terminated an employee due to personal reasons, based on the employee’s severe problems of poor performance and lack of cooperation. These issues were connected with the employee’s diagnosed disabilities (dyslexia and autism). The court held that cooperation issues can be just cause for termination only if they are very severe, and even in such cases termination should be considered only as a final resort (i.e., when all other measures taken have proved unsuccessful). The court also held that in case of issues to cooperate or poor performance due to a disability, the employer has the duty to take measures to enable the employee to remain in employment.

In this case, the employee’s performance had for many years been less than half of what was normally expected for the position and she also had severe cooperation problems. Further, the employer had taken extensive measures to support the employee and she had rejected many of the measures. The court found that the issues could not be solved through any additional measure. Thus, there had been just cause for termination due to personal reasons.

COVID-19 Measures

Proposed Bill or Initiative

Author: Anna Jerndorf, Partner – Törngren Magnell & Partners Advokatfirma KB

On December 28, 2020, the government proposed a temporary pandemic law that gives the government the power to enact binding measures for the control of transmission. Based on this temporary law, the government proposed two ordinances, with one seeking to regulate specific restrictions to prevent the spread of COVID-19 (e.g., restrictions on gathering in public places and at public and private events, gyms, sports facilities, swimming pools, malls, stores, etc.). The other ordinance regulates the right to close malls and department stores if deemed necessary. The proposed ordinances are subject to Parliament’s approval.

Bill on Modernization of the Swedish Labor Law

Proposed Bill or Initiative

Author: Anna Jerndorf, Partner – Törngren Magnell & Partners Advokatfirma KB

As we previously reported, on June 1, 2020, a special investigator presented its inquiry on a bill to modernize the Swedish labor law. (For a summary of such proposals, see GGQ’s report, dated July 23, 2020). The objective was to enact legislation based on the inquiry, unless the parties of the labor market worked out an agreement that would replace the bill. The parties reached an agreement on December 4, 2020, which will form the basis for the new legislation. The government has announced that the legislative work has begun, to enact new legislation that would enter into force before November 2022.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.