Wistrand updates

Expanded rights for Swedish trade unions to act against foreign companies
Wistrand
  • Employment & Benefits
  • Sweden
  • September 13 2017

The legislature recently amended the law known as 'Lex Laval', according to which the right to conduct collective actions against foreign labour stationed in Sweden has been limited. The amendments in Lex Laval, which entered into force in June 2017, bring expanded rights for Swedish trade unions through collective actions by demanding that workplaces with foreign labour be covered by Swedish collective agreements.

Labour Court rules on compensation for damages
Wistrand
  • Employment & Benefits
  • Sweden
  • May 24 2017

Calculating compensation for damages can be complicated. The Labour Court recently ruled on this matter and made three individuals and their company liable to pay damages of several million Swedish kroner. It is the first case of its type and magnitude to be tried by a court of the highest instance. The Supreme Court has also decided that the dispute in question is a labour dispute, not a civil claims case.

Introduction of statutory protection for whistleblowers
Wistrand
  • Employment & Benefits
  • Sweden
  • March 01 2017

Following the government's recent finding that whistleblower protection must be improved, new legislation has entered into force. The new legislation has given Sweden its first act specifically on whistleblowing. While the Whistleblowing Act does not regulate any right for employees to blow the whistle about wrongdoing, it protects employees and temporary workers who report serious wrongdoings in their employer's business from retaliation.

Trade union liable when in violation of European Convention on Human Rights
Wistrand
  • Employment & Benefits
  • Sweden
  • September 14 2016

The Supreme Court has ruled that under certain conditions a trade union may be liable for damages if industrial action has taken place in violation of the European Convention on Human Rights. Previously, the general opinion was that employers' organisations and trade unions could not be liable for such damage claims. The decision is particularly significant for small companies, which are more affected by such industrial action.

New regulations on organisational and social work environments
Wistrand
  • Employment & Benefits
  • Sweden
  • May 11 2016

Sweden has seen a significant increase in reported work-related illness. The Work Environment Authority has identified workload, work pace and work environment as the causes behind the increase. In an effort to keep up with the labour market, the authority has issued new regulations regarding organisational and social work environments. The regulations are intended to support employers in their efforts to prevent workplace illness.

Trade union liability for damages due to European Convention on Human Rights breach
Wistrand
  • Employment & Benefits
  • Sweden
  • November 25 2015

Can a trade union be held liable for damages for breach of the European Convention on Human Rights? The Supreme Court is about to answer this question after a lawsuit was filed against trade union Byggnads by a construction company claiming that the union violated the convention's rules on freedom of association and protection of property.

Non-compete clauses in employment relationships
Wistrand
  • Employment & Benefits
  • Sweden
  • July 29 2015

An employee's duty of loyalty ceases once the employment relationship is terminated. To limit the possibility for employees to conduct competing business after employment ends, employers can include a non-compete clause in the employment agreement. However, the applicability of clauses in individual cases is limited to what may be considered reasonable according to law, case law and agreements between parties.

Former employees liable for damages relating to trade secret infringement
Wistrand
  • Employment & Benefits
  • Sweden
  • January 21 2015

The Western Sweden Court of Appeal recently ruled on a case regarding three women who had taken two databases from their previous employer and started a competing company. The court stated that the databases were considered trade secrets and the employees' actions constituted a breach of the duty of employee loyalty.

Managers convicted for environmental offence following suicide
Wistrand
  • Employment & Benefits
  • Sweden
  • October 22 2014

Following the suicide of an employee, two managers were convicted for an environmental offence believed to have caused another's death. The ruling clarifies employers' statutory responsibility for the physical and psychosocial working environment. The court found that the employer's gross negligence had caused the employee's death, because it had breached what was incumbent on it to prevent.

Current search