The most common employment law mistakes employers make
Mistakes are important to make. Dare to act and correct mistakes along the way is often necessary. But sometimes you can learn from the mistakes of others. Below, according to my experience, I list the most common mistakes made by managers in Swedish workplaces.
1. Recruitment does not meet the need
There can of course be many different reasons why a recruitment process goes wrong. But during the years I have worked as a lawyer and helped employers resolve recruitment errors, I have conducted a survey. I often ask hiring managers if they have called references in connection with the recruitment process. The answer is actually usually no. Many managers go by gut feeling and do not feel that it is necessary or that there is not enough time.
Many times, people have also failed to consider how the recruitment needs should be transformed into competence or experience requirements in the job description. Often, the requirements for soft skills are set too low and for hard skills are set too high. Another thing is that during the probationary period, the manager often focuses too much on training his new colleague instead of evaluating him. And they feel that they have to take a chance when the probationary period is over.
2. The employment contract is wrong
There are many things that can go wrong in an employment contract. It may be in conflict with the employer's collective agreement or the Employment Protection Act. It may be that the form of employment has been wrong. Or that the employment contract does not contain all the information that the Employment Protection Act requires the employer to give to the employee when he or she starts. A classic example is that need-based employment has been chosen that is not supported by the Employment Protection Act or the employer's collective agreement. One tip is to look under section 6C of the Employment Protection Act, which states what written information the employer must give to the employee. This is often the list I look at when I review employment contracts.
3. The employer fails to meet its obligations under the GDPR
When the employee starts their new job, they should receive information about how the employer will handle their personal data, a so-called personal data policy where the purposes and means of the processing should be stated. Many small and medium-sized employers miss this. At lewlex.se you can download a template that you can use when drawing up a personal data policy.
4. Staff do not receive sufficient management and follow-up
No matter how experienced someone is, they need a manager. The manager monitors the work environment, the employee's work results and makes sure that they enjoy their job. Most people state two things as the most important in a workplace, good colleagues and a good manager. For some managers, management comes naturally. For others, it needs to be put into a system. It is very common for misunderstandings and conflicts to arise between manager and employee that could previously have been followed up through better management.
5. The employer changes the position outside the scope of the employment contract
It rarely needs to be something big like the employer lowering the salary. But many times it can be, for example, removing a certain responsibility or changing working hours that has a negative impact in a way that causes the employer to violate the employment contract. The result can be that the change is interpreted as a dismissal by the employee.
6. The employer terminates the employment in an improper manner
Terminating an employment almost always requires the help of an employment lawyer. In order to unilaterally terminate an employment, legal support is required. Such a reason may be that it is an indefinite employment and that there are objective reasons such as personal reasons. However, this requires prior documentation and consultation with the employee's union. Fixed-term employment cannot be terminated unilaterally. Sometimes the employer misses this, which can lead to it being perceived as a dismissal that can result in damages.
7. The employer fails to negotiate with the union
For employers who are bound by collective agreements, there is an obligation to negotiate on certain issues before a decision is made. In the case of major changes to the operation or major circumstances that may affect the personnel, Section 11 (1976:580) of the Act on Codetermination in Working Life requires that the employer negotiates with the union before a decision is made. In the case of a redundancy, for example, it is required that the reorganization itself, i.e. how the organization should look, be negotiated with the union.
8. The employer negotiates dispute negotiations with the union on its own
Negotiations are a great way to decide a future dispute. The union does this often and many times a day. Most employers do not, so it is important that you have help.
9. The employer doesn't ask for help
Law is difficult. In many employment law contexts, employers need to ask for help and get advice. Many do it too late. Often only when the lawsuit is a fact. Which often makes the solution expensive and more complicated. Better to get help right from the start. With us at Lew Lex you can sign a security agreement, which includes assistance from an employment law lawyer during union negotiations.
Are you a manager or employer representative and have questions? Don't hesitate to get in touch.
Christoffer Lewinowitz
Employer lawyer
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