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When may the employer reassign me?

Within the scope of the duty to work the employer directs the work and may reassign. Before a dismissal the employer must also examine whether reassignment to vacant work is possible.

Show the provisionShow case law

What the source says

  • Section 7: a dismissal is not well founded where reassignment to other work with the employer can reasonably be required.
  • The duty covers vacant positions for which the employee has sufficient qualifications.
  • Section 11 of the Co-determination Act: a more far-reaching reassignment is a major change subject to negotiation.

Source rows

For the employer · How the employer puts the question

Document which vacancies existed and why they were not possible, that is the record that gets tested.

For the employee · How the employee puts the question

Declining a reasonable offer of reassignment may end the employer's duty.

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 reassignment together with objective grounds, the examination is part of the dismissal test.

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/nar-far-arbetsgivaren-omplacera-mig

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