1. Information to the union with the collective agreement and employer-initiative to negotiations according to 11 § MBL (Co-determination Act). A decision cannot be made until the negotiations have been declared ended. Possibly discussions with the union about obligation to observe secrecy according to 21 and 22 §§ MBL.
2. Prepare the negotiations. Investigate possibilities in transfer of staff. At this stage, it is a matter of redeployment to available jobs, for which the employee has enough qualifications, within the whole company.
3. Negotiate the change of the organization.
4. Negotiate the consequences for the employees (this is usually done at the same time as the negotiation in section 3 above):
A. Offer redeployments according to section 2 above.
B. Set up a priority list. The order is “last in – first out” and enough qualifications for remaining jobs, the same collective agreement area and operational unit. See section 3 in the Employment Protection Act (3 § Lagen om anställningsskydd) regarding how the employment time is accounted for.
Also see sections 13 and 15 in the Act on co-determination (13 and 15 §§ MBL) regarding special rules when it comes to redundancy negotiations. Among other things, the union have a right to see a copy of the notice given to Arbetsförmedlingen (see point 6 below). Also note the special risk-evaluation that has to be done regarding consequences for the working environment.
5. If the local parties don’t agree, central negotiations can be asked for within 7 days. The decision cannot be made until these negotiations are finished or the 7 days has past without a request for central negotiations. After the MBL-negotiations are finished, notice can be given to the employees. The notice shall be given in person when that is possible. A special form can be downloaded, see Arbetsgivarguiden/Blanketter. This contains information that the employer is obliged to give the employee. The term of notice is regulated in the collective agreement. Redundancy pay must be paid regardless of weather there is work to be done or not during this time.
6. Notice shall be given to the authorities (Arbetsförmedlingen) if at least 5 persons are to be made redundant in that region. This is a public document. There are special terms of notice that have to be considered. If these are not considered, a fee can be adjudged. For facts around this, see www.amv.se.
7. Employees with at least 12 months employment time the last 3 years have a right to be rehired. This is however limited to the same collective agreement area and operational unit.