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Employment Dispute Rights

Do you have a right to know why you are accused?

Vandring
post 4.Apr.2012, 12:05 PM
Post #1
Joined: 10.Jan.2009

In Sweden, if an employee is accused of misbehaviour in the workplace, is the employer required to provide details of the accusation? Or are they allowed to just say that they have concerns based on a complaint, but they will not even tell what the supposed complaint is?

Can anyone refer me to the law or regulation that would require them to provide details?
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John.Smith
post 4.Apr.2012, 01:06 PM
Post #2
Location: Sweden
Joined: 12.Sep.2011

Talk to your union... if not a member of a union then become a member. If all else fails, send a lteer to your boss/HR in writing requesting details of the nature of the complaint.
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Yorkshireman
post 4.Apr.2012, 02:05 PM
Post #3
Joined: 22.Nov.2011

Was it a written or verbal warning?

How these are handled depends upon if the company has a collective-agreement with any Union or not. Most common is that a verbal warning is a "watch out, dont do it again" ... which will be followed by a written warning if You dont change. Many Unions have in their collective-agreements that the employer must go to the Union 1st, before issuing written warning, and there is also a timelimit as to how soon the written warning must be given to You.

That said ... any good companies/managers would explain to You the nature of your mis-deeds, otherwise how do You know what to correct or not do again!!! It can't hurt to ask in a nice way, as in "Please help me understand how I can improve my behaviour in the workplace based upon the complaint You have received?".
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Svensksmith
post 4.Apr.2012, 08:34 PM
Post #4
Joined: 28.Jul.2011

Is your boss's name Dave Smith?
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Vandring
post 5.Apr.2012, 01:45 PM
Post #5
Joined: 10.Jan.2009

No, not Dave Smith. I guess it is time to join a union. I am just surprised I can't find any law saying whether I have a right to know details about the complaint. Seems very iffy to me without that.
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Yorkshireman
post 5.Apr.2012, 02:27 PM
Post #6
Joined: 22.Nov.2011

Joining a Union will only help if Your employer has an agreement with a Union! If they don't it doesnt really help, apart from legal assistance, as they know the ins and outs of the law.

You didn't say if it was verbal or written warning?

If it was verbal, then it would be ill-advised to start quoting laws at your employer!, especially when they haven't put something in writing, and a verbal warning is a "watch-out". Ask nicely with a reference to improvement what the complaint details are... they will either tell you or not!.

If it was a written warning, then it is a different ball-game, especially if Your employer does have an agreement with the Union.

Many employment related laws in Sweden are centered around employer, unions and positions ... whilst they are there to protect, it is often the fact that you can only challenge, when there is no union agreement, after-the-event in arbetsdomstol.
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gplusa
post 6.Apr.2012, 10:57 AM
Post #7
Location: Luleå
Joined: 4.Sep.2009

Could be a bit of a balancing act, this one. If the complaint against you is so specific that revealing the details to you will expose the identity of the person who made the complaint, then the employer is faced with a confidentiality issue. Both you and the complainant need to have equal rights. Obviously that makes it tough for the employer. Not saying that is the case in your situation, but it is a possible explanation as to why you are not being given specific details. Maybe it's best to ask up front if that is the reason. Your employer would be able to confirm that without compromising the rights of the compainant.
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kevin59
post 18.Apr.2012, 12:25 PM
Post #8
Joined: 6.Apr.2012

In this matter it is good to consult with union head; he will tell you about the policies of company.
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