Vägran att utföra arbete – En analys av när en arbetstagare kan och inte kan skiljas från anställningen på grund av arbetsvägran
(2024) HARH16 20232Department of Business Law
- Abstract
- Refusal to work is a term that falls under misconduct concerning termination and dismissal. The employee and the employer each have obligations due to the employment relationship. Refusal to work can be a breach of the duty of loyalty and thereby a breach of the employment contract. There is no clear definition of refusal to work in Swedish legislation, why this essay aims to investigate the meaning of the concept. By conducting a legal case analysis from Arbetsdomstolen, the Swedish Labor Court, hand in hand with doctrine and labor law regulations, the reasons why an employer can terminate or dismiss an employee when they refuse to work, and what situations allows the employee to refuse to work, are investigated.
The result of the... (More) - Refusal to work is a term that falls under misconduct concerning termination and dismissal. The employee and the employer each have obligations due to the employment relationship. Refusal to work can be a breach of the duty of loyalty and thereby a breach of the employment contract. There is no clear definition of refusal to work in Swedish legislation, why this essay aims to investigate the meaning of the concept. By conducting a legal case analysis from Arbetsdomstolen, the Swedish Labor Court, hand in hand with doctrine and labor law regulations, the reasons why an employer can terminate or dismiss an employee when they refuse to work, and what situations allows the employee to refuse to work, are investigated.
The result of the essay presents the various types of refusal to work and numerous factors which Arbetsdomstolen considers when assessing these cases. The outcome of the cases often tends to be in favor of the employer, unless they have not taken correct and sufficient measures. An employee is not allowed to break the employers trust, as it is considered a breach of the duty of loyalty. Instances where the employee’s refusal to work have been acceptable have either been due to specific, often personal, circumstances, the employee being mistaken, or the employer failing to fulfill the obligation of pointing out the wrongful behavior of the employee. Finally, the few rare cases where an employee has legal grounds to refuse to work are identified: when there is a danger to life and health and when the employee’s orders contravene the law or good practice. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9145358
- author
- Bjarup Nehlin, Amanda LU
- supervisor
- organization
- course
- HARH16 20232
- year
- 2024
- type
- M2 - Bachelor Degree
- subject
- keywords
- refusal to work, labor management duty, duty to work, termination, dismissal
- language
- Swedish
- id
- 9145358
- date added to LUP
- 2024-01-17 11:33:14
- date last changed
- 2024-01-17 11:33:14
@misc{9145358,
abstract = {{Refusal to work is a term that falls under misconduct concerning termination and dismissal. The employee and the employer each have obligations due to the employment relationship. Refusal to work can be a breach of the duty of loyalty and thereby a breach of the employment contract. There is no clear definition of refusal to work in Swedish legislation, why this essay aims to investigate the meaning of the concept. By conducting a legal case analysis from Arbetsdomstolen, the Swedish Labor Court, hand in hand with doctrine and labor law regulations, the reasons why an employer can terminate or dismiss an employee when they refuse to work, and what situations allows the employee to refuse to work, are investigated.
The result of the essay presents the various types of refusal to work and numerous factors which Arbetsdomstolen considers when assessing these cases. The outcome of the cases often tends to be in favor of the employer, unless they have not taken correct and sufficient measures. An employee is not allowed to break the employers trust, as it is considered a breach of the duty of loyalty. Instances where the employee’s refusal to work have been acceptable have either been due to specific, often personal, circumstances, the employee being mistaken, or the employer failing to fulfill the obligation of pointing out the wrongful behavior of the employee. Finally, the few rare cases where an employee has legal grounds to refuse to work are identified: when there is a danger to life and health and when the employee’s orders contravene the law or good practice.}},
author = {{Bjarup Nehlin, Amanda}},
language = {{swe}},
note = {{Student Paper}},
title = {{Vägran att utföra arbete – En analys av när en arbetstagare kan och inte kan skiljas från anställningen på grund av arbetsvägran}},
year = {{2024}},
}