Rättskällor med officiella primärkällor

Utskrivet ·

Skip to main content
Skip to the answer

What counts as objective grounds for dismissal?

A dismissal by the employer must rest on objective grounds, either redundancy or personal reasons. Redundancy is the employer's business decision, personal reasons require a breach the employee has had a chance to correct.

What the source says

  • Section 7: a dismissal must rest on objective grounds.
  • Section 22: on redundancy, selection follows length of service, with the exemptions the employer may make.
  • Section 25: priority for re-employment for nine months.

Source rows

For the employer · How the employer puts the question

Document the basis before the decision, negotiate under the Co-Determination Act and keep the selection auditable.

For the employee · How the employee puts the question

Request the ground in writing and note the deadlines for challenging the dismissal or claiming damages.

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 rule and the consultation duty together, that is where most disputes are decided.

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/vad-ar-sakliga-skal-for-uppsagning

Next step

Three ways to put the register to work in your own practice.

Start with your task