Shortage of work is normally a valid reason for dismissal. Shortage of work can mean:
- dismissal of staff
- a change in the terms and conditions of employment or the level of employment.
The reasons for short-time working can be, for example, that the employer wants to make savings, reorganize the business or introduce new technology, which in turn affects the need for manpower or the structure of employment. As the employer manages and distributes the work, it is also the employer who ultimately has the right to assess the needs of the business and how this affects the workforce.
Obligation to redeploy
For the person(s) made redundant, the employer has an obligation to redeploy. This means that the employer must investigate whether there is a vacancy elsewhere in the business to which the employee can be redeployed in order to avoid dismissal.
To be eligible for redeployment, the employee must meet the basic qualification requirements of the post.
Order of precedence list
In the event of redundancies due to a shortage of work, the employer and the union must draw up a rota for the posts that remain in the business after the change has been implemented.
The roster is based primarily on the "last in, first out" principle. This means that those with the longest period of employment may stay, while those who are new to the organization may leave. If there is a collective agreement, other aspects based on the needs of the business may also be relevant. A prerequisite for remaining in the business is that you meet the basic qualification requirements for the position in question.
Trade union negotiations on shortage of work
Negotiations on work shortages should be initiated at an early stage. Negotiations will initially focus on the employer's reasons for the work shortage and a discussion on this. Within the framework of this dialogue, the union will give its views on the change in operations from an employee perspective.
Once this stage is complete, the negotiations move on to issues of redeployment, rotation and possible dismissals. Normally, the employer must wait until the negotiations are concluded before taking any decisions.
Negotiations are normally conducted by the local association or with workplace representatives. Members should keep in touch with their local representative throughout the process. If there is no local representative, negotiations are conducted with Naturvetarna.
In cases where the employer does not have a collective agreement, the employer is obliged to negotiate with all trade unions that have members who are affected by a shortage of work.
Preferential right to re-employment
The right of priority for re-employment applies from the moment you are given notice of termination, throughout the period of notice, up to and including 9 months after the end of your employment. It applies to all new recruitments in the company, provided you have sufficient qualifications for the post (basic requirements).
The notice of termination must state whether you have a right of priority and how it is notified. Naturvetarna recommends that the notification is made in writing. Note that there may be different rules in your collective agreement.
Contact your local representative or Naturvetarna if you have any questions or concerns. If you have already been dismissed and are wondering whether this was done correctly, contact Naturvetarna or your local representative immediately.