Article | 4 May 2026
Employment law news – update May 2026
In the latest newsletter from Setterwalls’ employment law group, you can take part of court cases and legislative changes from the end of 2025 and the beginning of 2026 that can have a major impact on your business.
You can read about the case law of the Labour Court and the European Court of Justice etc.
CASE LAW OF THE LABOUR COURT
AD 2025 No. 98 – Dismissal of a specialist officer is annulled on the basis of the two-month rule
A specialist officer was summarily dismissed without notice after hitting a conscript in the back of the head during an exercise. The officer said that he had given a friendly pat to calm the conscript, while the conscript experienced it as a punishment and that it was degrading. The Labour Court annulled the dismissal on the basis of the two-month rule, as the officer’s immediate superior had become aware of the incident more than two months before the notice of dismissal was given.
AD 2025 No. 99 – Dismissal due to personal reasons
One employee was dismissed from his permanent employment due to personal reasons. According to the employer, the employee had consistently shown misconduct, cooperation difficulties and disloyal behaviour towards the company and its management, as well as refusal to work. The employee claimed that the dismissal should be annulled. The Labour Court found, like the District Court, that the employee’s conduct had been in such a way that it was justified to dismiss him from the employment and that there were therefore objective reasons for the dismissal.
AD 2026 No. 2 – Dismissal of union representative was legally grounded; incorrect time reporting constituted a gross breach
In a new judgment, the Labour Court has examined the question of whether the Swedish Social Insurance Agency had a legal basis for dismissal without notice of an employee who was on full-time leave for union work. The Labour Court found that the employee had repeatedly incorrectly reported his working hours and absences, including by registering working hours on a flat-rate basis instead of following the employer’s flexitime agreement. The action was considered to constitute such a serious damage to trust that there was a legal basis for dismissal.
AD 2026 No. 3 – The employer had the burden of proving the authenticity of the dismissal document
The employer claimed that an employee had resigned himself, and signed a written notice of termination. The employee disputed this and claimed that the document was forged. The Labour Court found that the employer had not made it predominantly likely that the document was genuine, and the employee was therefore considered to have been terminated without legal grounds.
AD 2026 No. 6 – Bankruptcy estate obliged to negotiate under the Co-Determination Act
In a judgment handed down in February 2026, the Labour Court has ruled that a bankruptcy estate is obliged to fulfil the duty to negotiate pursuant to Section 10 of the Co-Determination Act. The bankruptcy estate was ordered to pay general damages to the trade union after the bankruptcy trustee refused to participate in negotiations.
CURRENT LEGISLATION
New labour law rules 2026 – what you need to know
The year 2026 brings a number of changes in the area of labour law. From stricter rules for labour immigration and new requirements for pay transparency, to changes in unemployment insurance and employer’s contributions. Here is a compilation of the most important news that employers and employees need to be aware of.
OTHER
The Court of Appeal reverses acquittal – “trial job” was considered to constitute employment
In a recently decided case, the Svea Court of Appeal has reconsidered Solna District Court’s acquittal and ruled that a shop owner was guilty of violating the Aliens Act by allowing a foreigner without a work permit to perform a so-called trial job in his shop.
