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How does the order of selection work in a redundancy?

The order is set per operating unit and bargaining area, longer service ahead of shorter. The employer may exempt three employees, and whoever stays must have sufficient qualifications for the work.

Show the provisionShow case law

What the source says

  • Section 22: the order runs per operating unit and bargaining area, longer service takes precedence.
  • Section 22: the employer may exempt three employees of particular importance to the business.
  • Section 22: precedence applies only where the employee has sufficient qualifications for the remaining work.

Source rows

For the employer · How the employer puts the question

Document the operating unit, bargaining area and exemptions before the negotiation, the list is later tested against that record.

For the employee · How the employee puts the question

Ask for the selection list through the union, it shows the service the employer has counted.

Leading rulings

  • C-341/05 Laval
    Court of Justice of the European Union · 2007-12-18

    Collective action for terms beyond the posting rules is assessed against the freedom to provide services.

    Official source

Next step

Read the selection order together with the duty to negotiate, the list is settled in that negotiation.

All questions

The rows reproduce what the source says. They are not legal advice, and applying them to a specific case is the reader's or their counsel's decision.

/arbetsratt/fragor/hur-fungerar-turordningen-vid-arbetsbrist

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