- In the Swedish labor market, the employer has the right to relocate, but then there must be compelling reasons such as cooperation difficulties, says Mats Glavå.
In this case, Krokom's municipality has pointed out that several measures needed to be taken to have a functioning work environment.
Splitting the working group is one such measure that has been decided upon.
- When deciding on such a measure, there are no rules about who should be relocated, says Mats Glavå.
In this case, it was they who sounded the alarm that they chose to move.
- Yes, and you might think that is a strange and bad employer policy, but legally there are no rules about who should be relocated.
Relocation must be negotiated
An employer thus has great opportunities to relocate.
The only requirement is that it must be preceded by negotiations between the trade union organization and the employer if the employee is unionized.
One of the employees who sounded the alarm is that, but as far as she knows there has been no negotiation.
- It's going to happen.
And in that negotiation, it is included that the employer must explain why they want to do this.
So that the union has the opportunity to express views on its suitability.
And if you have not done so?
- This means that the employer has violated the obligation to negotiate in MBL.
Could have affected the outcome
But can it change anything in substance?
- If they had negotiated, perhaps the union could have influenced the employer not to make that decision.
That is the function that negotiation has.
That no negotiation has taken place is grounds for damages, says Mats Glavå.
- But only the union can point that out.
It is a right for the union, not the employee.
So what does Mats Glavå mean by "bad employer policy"? In the video above, he tells more about it.