It is required that there is a factual basis for termination when an employer terminates an employee. Provoked dismissals occur if an employer acts contrary to good practice in the labor market or improperly. The dismissal is provoked if it is made by the employee but prompted by the employer. In Swedish law, unprovoked dismissal is not regulated, which means that legal practice has a significant part. A provoked dismissal is considered a dismissal from the employer's side, even though the employee submitted his own resignation. The employer's behavior may be such that the employee submits his own resignation or that the person should have realized that the incident could lead to this. It is not permitted for the employer to act passively in situations where the employee has been exposed. Violence and threats are not acceptable on the part of the employer, but the employee can easily prove that the dismissal is justified. In the form of harassment, the proof becomes significantly more difficult and this is not something an employee should be subjected to, it can be grounds for a provoked dismissal. Reassignment can also be a factor in a provoked dismissal. If an employer has reassigned an employee to a lower position or worse working hours, the employee can resign and this can then be seen as a provoked dismissal.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:lnu-117804 |
| Date | January 2022 |
| Creators | Welander, Amanda, Egnell, Ellen |
| Publisher | Linnéuniversitetet, Institutionen för ekonomistyrning och logistik (ELO) |
| Source Sets | DiVA Archive at Upsalla University |
| Language | Swedish |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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