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<\/p>\nEmployers bound by collective agreements can, in consultation with the union, agree on a different roster than the one set out in the law, called an agreement roster. This gives the employer and the union the flexibility to adapt the roster to the needs of the business.<\/p>\n
Exception<\/strong><\/h4>\nAll employers may exempt three employees from the priority list who are of particular importance to the continued operation. It is the employer who makes that assessment, but like everything else in this world, it is a good thing if the employer has a reasonably reasonable basis for their assessment.<\/p>\n
Relocation investigation<\/h4>\n
Before an employer can carry out dismissals due to shortage of work, he must, according to \u00a7 7 LAS, examine the possibilities of reassigning the employee to another position within the company. If there is a vacant position for which the employee has sufficient qualifications, the employer is obliged to offer the employee this position in order to avoid dismissal. The position can either be vacant or it can be filled by someone with a shorter period of service than the person who may be dismissed.<\/p>\n
4.Obtaining trade union membership for those who may be affected<\/h4>\n
The employer is obliged to negotiate reorganizations with the relevant trade unions. This applies both to trade unions with which the employer has a collective agreement and to trade unions of which employees are members, even if the employer is not bound by a collective agreement with the specific union. This is done in accordance with the Co-determination Act (MBL \u00a7\u00a7 11-13).<\/p>\n
5. Send a summons to a hearing<\/h4>\n
There are several reasons why employers are obliged to issue a physical notice stating that the trade union has been summoned to negotiations. Firstly, it is the culture of the labor market to use summonses to indicate that there is a negotiation. But it is also important from an evidential point of view to use a physical summons. The notice must state the time and place where the negotiation will take place. It should also state what the negotiation will be about - in this case, it will be about reorganization with associated possible dismissal due to lack of work. The reason why you write possibly is precisely because of co-determination in working life, which the union has the right to participate in. This does not mean that the union can oppose or in any way hinder the implementation of a reorganization. It is the employer who decides what the organization should look like, so the union has the right to be involved and try to influence before or decision is made.<\/p>\n
6. Conduct negotiations<\/h4>\n
At the negotiation, the employer presents its reorganization plan and describes why certain employees may have to be laid off due to shortage of work. If it is redundancy, the employer should specify why these particular employees are affected by the redundancy. The negotiation must be minuted and it is an advantage for the employer to draw up the minutes themselves to ensure that all relevant points are included. It is important that the minutes of the negotiation clearly state that the negotiation has been concluded and that the employer has fulfilled its obligation to negotiate.<\/p>\n
7. Sell<\/h4>\n
Once the negotiations have been completed and the obligation to negotiate has been fulfilled, the employer can implement the reorganization and dismiss the workers concerned on the grounds of shortage of work, or follow any agreements reached during the negotiations.<\/p>\n
Tips for further reading<\/h4>\n\n<\/p>\n\nReorganization and dismissal due to labor shortage<\/a><\/h2>\n<\/header>\n
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