Arbetsvägran i arbetslivet - En studie om arbetsgivarens möjligheter att avsluta en anställning vid arbetsvägran och arbetstagarens rätt att arbetsvägra

Sammanfattning

A contract of employment requires the employee to perform tasks within the supervised framework of the employer. However, it is considered as a refusal to work if an employee refuses to perform their tasks. The purpose of this essay is to analyze the legal framework surrounding a refusal to work and examine the conditions under which employers can terminate employment through notice of termination or dismissal. Additionally, the essay illustrates situations where a refusal to work has not resulted in an employment termination and thus can be considered as a right of an employee. The essay concludes that a termination of employment due to a refusal to work depends on the circumstances in each individual case. A refusal to work is expressed in two forms, namely, a specific refusal to work that can result in a just cause for termination or a general refusal to work that can lead to a just cause for dismissal. A general refusal to work is seen as a more severe breach of the employment contract, why the employer can proceed with intrusive measures. Furthermore, it is concluded that an employee has the right to refuse to perform tasks involving danger to life and health or from orders given that are contrary to law. However, a refusal to work does, in most cases, constitute a just cause for termination or dismissal. Nevertheless, due to the complexity of the matter, it can occasionally be regarded as an acceptable act by the employee.