Businesses considering purchasing all or part of a business in Sweden often make several economic and organisational considerations regarding the assets and liabilities of the business being acquired. Employment-related issues and how any redundancies can be handled may also be contemplated. Despite such considerations, buyers commonly disregard entirely, or at least underestimate, the importance of employment regulations in connection with a transfer of undertakings.
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.
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.