A reasonable redeployment - A comparative study about redeployment for redundancy in Sweden and Germany
(2024) HARH16 20232Department of Business Law
- Abstract
- This essay explores the obligation to redeploy as a result of redundancy, conducting a comparative analysis of the redeployment processes in Sweden and Germany. The purpose of the essay is to examine what constitutes a reasonable redeployment in each country and identify differences and similarities in their respective legislation. This is achieved by using the legal dogmatic method, as the study investigates a legal research question through interpretation of legal cases. Applying the legal dogmatic method, the study interprets legal cases to investigate the issue, revealing that both Swedish and German legislation share similarities in safeguarding employees during redundancy, adhering to the ultima ratio principle; viewing dismissal as... (More)
- This essay explores the obligation to redeploy as a result of redundancy, conducting a comparative analysis of the redeployment processes in Sweden and Germany. The purpose of the essay is to examine what constitutes a reasonable redeployment in each country and identify differences and similarities in their respective legislation. This is achieved by using the legal dogmatic method, as the study investigates a legal research question through interpretation of legal cases. Applying the legal dogmatic method, the study interprets legal cases to investigate the issue, revealing that both Swedish and German legislation share similarities in safeguarding employees during redundancy, adhering to the ultima ratio principle; viewing dismissal as a last resort. Redundancy is an acceptable reason for dismissal in both countries. While redundancy is generally unquestioned in Swedish courts, Germany imposes specific requirements for claiming redundancy. In Germany the employer's obligation to investigate possibilities of redeployment includes more positions than in Sweden. Furthermore, the need for the work council’s consent in Germany contrasts with the employer's sole decision-making authority in Sweden. The requirements of the redeployment in terms of qualifications, status, and location are quite similar in the two countries, however in Germany there is more legislation that the employer needs to abide by in the situation of a redundancy and when offering a redeployment. The conclusions drawn from this essay is that although Swedish and German legislation have many similarities in terms of redeployment due to redundancy, the obligation to redeploy is more extensive in Germany. (Less)
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http://lup.lub.lu.se/student-papers/record/9145111
- author
- Ekvall, Sara LU and Petersson, Tilde
- supervisor
- organization
- course
- HARH16 20232
- year
- 2024
- type
- M2 - Bachelor Degree
- subject
- keywords
- Redeployment, Omplacering, Versetzung, Redundancy, Arbetsbrist, Arbeitskäftemangel, Lagen om anställningsskydd, Kündigungsschutzgesetz, Qualification, Status, Location
- language
- English
- id
- 9145111
- date added to LUP
- 2024-01-17 11:52:05
- date last changed
- 2024-01-17 11:52:05
@misc{9145111,
abstract = {{This essay explores the obligation to redeploy as a result of redundancy, conducting a comparative analysis of the redeployment processes in Sweden and Germany. The purpose of the essay is to examine what constitutes a reasonable redeployment in each country and identify differences and similarities in their respective legislation. This is achieved by using the legal dogmatic method, as the study investigates a legal research question through interpretation of legal cases. Applying the legal dogmatic method, the study interprets legal cases to investigate the issue, revealing that both Swedish and German legislation share similarities in safeguarding employees during redundancy, adhering to the ultima ratio principle; viewing dismissal as a last resort. Redundancy is an acceptable reason for dismissal in both countries. While redundancy is generally unquestioned in Swedish courts, Germany imposes specific requirements for claiming redundancy. In Germany the employer's obligation to investigate possibilities of redeployment includes more positions than in Sweden. Furthermore, the need for the work council’s consent in Germany contrasts with the employer's sole decision-making authority in Sweden. The requirements of the redeployment in terms of qualifications, status, and location are quite similar in the two countries, however in Germany there is more legislation that the employer needs to abide by in the situation of a redundancy and when offering a redeployment. The conclusions drawn from this essay is that although Swedish and German legislation have many similarities in terms of redeployment due to redundancy, the obligation to redeploy is more extensive in Germany.}},
author = {{Ekvall, Sara and Petersson, Tilde}},
language = {{eng}},
note = {{Student Paper}},
title = {{A reasonable redeployment - A comparative study about redeployment for redundancy in Sweden and Germany}},
year = {{2024}},
}