General information on notice and disputes
We haven’t reached an agreement on collective bargaining, but why do we have to strike? Can’t we continue to negotiate?
Disputes and strikes are a last resort in collective bargaining. Our basic aim and approach is to always resolve issues through negotiation and agreement, but if we find ourselves in a situation where, despite our best efforts, we are unable to reach an agreement, industrial action is available as an ultimate means of exerting pressure that we can and, under the right conditions, do not hesitate to use.
Who makes decisions on industrial action?
Unionen’s chief negotiator makes recommendations regarding the need for industrial action and makes decisions on disputes.
What is notice?
Notice is a warning about industrial action. The Employment (Co-determination in the Workplace) Act (MBL) states that notice must be given to the other party a minimum of seven working days in advance.
What does a strike entail?
A complete cessation of work, known as a strike, means that the members involved in the strike must leave their workplace and their duties for the duration of the dispute. Work equipment such as mobile phones and laptops must be left at the workplace or otherwise stored as agreed with your immediate manager.
What is a lockout?
This is industrial action taken by the employer and involves Unionen members being shut out of their workplaces. In the case of a lockout, the employer states in their notice at whom the dispute is aimed, which employees are affected, what industrial action will be taken and when it will take place. In the event of a lockout, Unionen members are not paid and must instead apply for lockout pay.
What does neutrality mean?
An employee who is not a member of the trade union involved in the dispute, or who is a member of a trade union organisation other than the organisation taking industrial action, has the right to refuse to perform the tasks that would otherwise have been performed by the strikers. A trade union may not urge or try to influence employees to observe neutrality, but may inform them of the existence of this right.
If there’s a strike in the company, do I have to take part if I’m a member of Unionen?
Yes, if you are covered by the notice to strike as a member of Unionen, you must take part in the strike. Complying with the decisions made is part of being a union member, and the right to take part in a strike without being penalised by your employer is constitutionally protected under Swedish law.
What about employees who aren’t members of a trade union?
As a non-union employee, you can go on a sympathy strike and not carry out your work – this does not count as a breach of your contract of employment. However, you are not entitled to strike pay if you do not join Unionen prior to time at which the dispute breaks out.
For the industrial action to be effective, it is important that the scope of the action is respected and that even non-union employees are informed that all white-collar work has been blacked, which means that no work must be carried out. This makes it even more important for you to join Unionen in order to receive strike pay.
Pay and rules regarding pay during a dispute
What about salary during a strike – will I get any money?
Instead of salary, Unionen will pay strike pay to cover the salary you do not receive from your employer during the strike.
How long do I need to have been a member to receive strike pay?
There is no waiting or qualifying period for new members. You can become a member during the notice period, up until the time the strike breaks out, and qualify for pay. You can still join the union afterwards, but you then have no right to strike pay.
How do I apply for pay?
You apply for strike pay online by visiting Unionen.se and logging onto Mitt Unionen (My Unionen). It is not possible to apply for strike pay during the strike notice period but first when the strike breaks out. There, you fill in your details and submit your application by identifying yourself with Mobile BankID or BankID.
If you are unable to apply for pay via Mitt Unionen, you can do so by filling in a form at Unionen.se. After this form has been signed by the local club or regional office, you should send it in an unfranked envelope to the address indicated on the form.
When is strike pay paid?
Unionen’s Union Board determines the pay rules that apply to each dispute. The aim is for payments to be made before the employer makes deductions from salary.
What rules apply in the event of a dispute?
If I don’t want to take part in a strike and choose to work anyway, what happens then?
If you are found working despite being a member covered by the strike, this will be reported as strikebreaking. Under Section 2.3 of Unionen’s statutes, a member who does not comply with the union’s values, is in violation of statutes or disregards decisions taken may be expelled following a decision by the Union Board.
If I have to go on strike, can another employee who is not a member of Unionen step in and perform my duties?
The right to remain neutral in a dispute is an individual right. An employee who is not a union member or is a member of a trade union organisation other than the organisation taking industrial action has the right to refuse to perform the tasks that would otherwise be performed by the strikers. A trade union may not urge or try to influence employees to observe neutrality, but may inform them of the existence of this right.
Can my employer fire me because I’m a member of Unionen and therefore have to go on strike?
As mentioned above, the right for trade unions to strike is constitutionally protected in the Instrument of Government. This means that you have legal protection against your employer firing you or otherwise penalising you if you take part in a strike that Unionen has decided upon.
Can my work permit be revoked during a strike if it is based on me being in Sweden to work?
No, your work permit is not affected by you taking part in a strike organised by Unionen.
Should union representatives make employers aware of who their members are in the event of a dispute?
No, and the reason is that non-union employees are also entitled to take part in a strike, even if they do not receive strike pay. The employer does not need to know who is a member and who is not.
Are employers entitled to demand to know who is a member of Unionen?
No, employers cannot demand to know who is a member of a trade union. Workplace union representatives should immediately inform their members that they are not obliged to tell the company if they are members of a union and, if so, which.
I was ill when the dispute broke out. Am I entitled to strike pay?
No. You were in a current sick pay period that began on the first day you stopped working due to illness. Your employer will continue to pay your sick pay. After the 14-day sick pay period, Försäkringskassan (Swedish Social Insurance Agency) pays sickness benefit, and you will receive sick pay under the collective agreement.
I became ill during the dispute. Am I entitled to strike pay?
Yes. The reason is that no sick pay period is initiated during an ongoing dispute. If you are still sick when the dispute ends, the sick pay period and your employer’s responsibility to pay begins on the first day you would have worked.
I was on parental leave during the dispute. Am I entitled to strike pay?
If you were on full-time parental leave, you will receive your parental benefit from Försäkringskassan. If you have received/should have received parental pay during the dispute period, your employer will pay it as usual.
I was on holiday during the dispute. Will I receive any strike pay or will my employer pay me for annual leave as usual?
The employer must pay you for annual leave as usual, provided that the annual leave was planned and authorised before the dispute broke out.