New case law – question on duty to consult and provide information for employer without a collective bargaining agreement when entering into termination agreements with employees (AD 2026 nr 40)

An employer, who does not have a collective agreement, reached an agreement with a number of employees that their employment would be terminated. The Labour Court has found that these agreements are to be regarded as dismissals within the meaning of the EU Directive on collective redundancies. The Court further found that the employer breached the duty to negotiate under section 13, second paragraph, of the Co-determination Act by failing to request negotiations with the relevant trade union regarding redundancies due to a shortage of work.

Within the framework of the duty to negotiate, the employer was obliged, under Section 15, second paragraph, first point, of the Co-determination Act, to provide information on the reasons for the planned redundancies. The employer did not have a separate obligation to also inform the union of the same matter under Section 19a of the Co-determination Act.

Read more here (Swedish).