Provocerade uppsägningar : Om arbetsgivare vars handlande strider mot god sed på arbetsmarknaden

• Main Author: Fredriksson, Jenny
• Format: Others
• Language: Swedish
• Published: Linnéuniversitetet, Institutionen för ekonomistyrning och logistik (ELO) 2021
• Subjects: Avsked; frånträdande; god sed; provocerad uppsägning; uppsägning; Law; Juridik
• Online Access: http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-108355

A notice of termination by the employer must be based on objective grounds. The employeeon the other hand can resignate with no ground required. However, certain situations occurcalled provoked dismissals where the employee formally has resignated but it has in fact beeninduced by the employer whose behavior then is considered at odds with good labour marketpractice. If a resignation is regarded as a provoked dismissal, it is considered a termination bythe employer which then must show objective grounds for that termination. Provokeddismissals are not regulated in Swedish law and therefore complex to determine, especiallywhat is to be considered behavior at odds with good labour market. A situation where an employer has neglected their obligations towards the employee insubstantial respects, which also give the employee right to resign from their position withimmediate effect, is usually considered a case of provoked dismissal. Another significantfactor is that the behavior is intended to make the employee resign or that the employer isaware that the employee is in a difficult situation and thus the risk that he or she will resign. Additionally, this thesis has found that violence and mild violence is not something theemployee should have to endure, neither critique that is unjustified, excessive or repeated. Asfar as the employer has knowledge about harassment or discrimination occurring in theworkplace without taking the measure necessary, it is likely a ground of a provoked dismissalas well.