News |
2024-10-01
Employment Law News Q3 2024
In this issue, we focus on several key rulings from the Swedish Labor Court that have significant implications for employers. We delve into case AD 2024 no. 72, where H&M was scrutinized for its handling of employees on parental leave during a company reorganization, and case AD 2024 no. 66, where Region Stockholm faced allegations of disability discrimination. Additionally, we highlight the new rule under the Agency Work Act, which will soon be applied for the first time, requiring companies to offer permanent positions to long-term agency workers. Stay informed on the latest legal developments impacting your workplace.
AD 2024 nr 66
In case AD 2024 no. 66, the Swedish Labor Court examined whether Region Stockholm had violated the Discrimination Act (2008:567) by canceling a job interview for a wheelchair-bound applicant applying for an assistant nurse position in a neonatal unit. The main considerations in the court’s assessment were whether the cancellation constituted direct discrimination and if reasonable accommodations were provided. The court found no evidence of direct discrimination, concluding that the job interview was not canceled solely due to the applicant’s disability, but rather based on her ability to perform the required work duties. Additionally, the court ruled that Region Stockholm had not failed to fulfill its accessibility obligations under law, as the specific care needs of the patients could not be adequately addressed through accessibility measures. Accordingly, the Labor Court ruled that Region Stockholm had not breached the Discrimination Act.
TM reflection: This case law is interesting as it clarifies how far an employer must accommodate the workplace to enable a disabled employee to perform their job. The case is based on the specific circumstances, but the Labour Court provides guidance on how employers should approach such assessments.
AD 2024 nr 72
In case AD 2024 no. 72, the Swedish Labor Court examined whether H&M Hennes & Mauritz Sverige AB had violated the Parental Leave Act (1995:584) by allowing the transition period (Sw. övergångsperiod) for two employees on parental leave to run during their absence. H&M underwent a major reorganization and offered employees reassignments to new positions with lower employment levels. According to the applicable collective bargaining agreement, an employee in such a situation is entitled to a certain transition period.
Two of the employees were on parental leave when they received the reassignment offer. The primary consideration was whether the company’s actions constituted prohibited discrimination under the Parental Leave Act, which safeguards employees from being disadvantaged due to their parental leave. The court also assessed the interpretation of the collective bargaining agreement regarding transition periods and their applicability during an employee’s parental leave. Accordingly, the Labor Court concluded that H&M had not breached the Parental Leave Act, as the transition period was managed in accordance with the collective bargaining agreement without any discriminatory intent or effect.
TM reflection: This case is not only interesting for employers under the same collective bargaining agreement as H&M, but also for other employers, as a rule that in principle corresponds to that of the collective bargaining agreement was adopted in connection with the 2022 legislative amendments to section 7b of the Employment Protection Act (1982:80).
New rule in the Agency Work Act (2012:854) will be applied for the first time soon
As part of the reformed Employment Protection Act (1982:80), the Agency Work Act (2012:854) introduced a new rule. As previously reported, the rule mandates that client companies must offer permanent employment to agency workers who have been placed at the same operational unit within the client company for more than 24 months over a 36-month period. Alternatively, the client company can compensate the worker with two months’ salary. This rule, effective from October 1, 2022, is about to be applied for the first time. It is therefore time to review the engagement period if you engage agency workers to avoid missing any deadlines.
As these recent cases demonstrate, employment law is constantly evolving. To ensure your organization remains compliant and avoids costly legal pitfalls, it’s crucial to stay informed and proactive. If you have any questions or if you need tailored legal advice, don’t hesitate to reach out to our team of experts.
Anna Jerndorf
Head of Employment
Mobile: +46 76 00 283 32
E-mail: anna.jerndorf@tmpartners.se
Carl Östlund
Advokat, Senior Associate
Mobile: +46 76 00 283 30
E-mail: carl.ostlund@tmpartners.se
Vilma Hansson
Associate
Mobile: +46 76 00 283 39
E-mail: vilma.hansson@tmpartners.se