MBL Negotiations
Negotiations in accordance with the Swedish Employment (Co-Determination in the Workplace) Act
There are times when as a manager, you will need to negotiate significant organisational changes with employee organisations. Here we have collected information about how to go about this.
Content:
- General information about MBL negotiations
- When should you, as a manager, negotiate?
- Special procedure for negotiating resource allocation and budget, as well as information about the quarterly report
- Special process for primary negotiation regarding government fixed-term employment (STAVA)
- When the parties do not agree
- The employer's duty to inform
General information about MBL negotiations
The fundamental rules for collective labour law are found in the Act on Co-determination at Work (MBL). The purpose of the law is to increase participation and influence for employees. This is ensured through the employer's obligation to inform and negotiate with the trade unions. However, it is the employer who makes the decisions.
Lund University has collective agreements with Saco-S, OFR/S, and Seko, and it is these trade unions that we are obliged to continuously inform and negotiate with. Negotiations according to MBL can be conducted for various purposes.
At Lund University, different issues are negotiated in different ways, and the delegation order regulates who may represent the authority in different types of negotiations.
When should you, as a manager, negotiate?
Before the employer decides on significant changes to its operations, negotiations according to Section 11 of the MBL must be conducted. This is done in accordance with Lund University's work order for MBL.
As a manager, you should have a well-thought-out proposal before the trade unions are called to a negotiation, but you must negotiate early enough in the decision-making process so that the trade unions have the opportunity to influence the employer's stance.
Notification of the matter is made via the designated contact person for MBL at the respective faculty/equivalent, where the negotiation material is attached. Feel free to use the template for negotiation material as support.
Significant changes in the employer's operations
The employer's obligation to negotiate applies to significant changes in the employer's operations.
Examples of significant changes can include expansion, restructuring, or closure. It may involve major investment decisions, long-term decisions about work organisation, personnel policy issues, establishment of work premises, or social issues considered to be significant changes.
Decisions that a trade union typically wants to negotiate should also be covered by the negotiation obligation.
Part of the preparations before the decision
The negotiation should be a natural and effective part of the preparations before the decision. The trade unions should be given the opportunity to express their views before the employer commits to a particular solution.
Risk assessment
When changes are planned in an operation, the employer must assess whether the changes entail risks of ill health or accidents that may need to be addressed. The risk assessment must be documented in writing and attached to the material for the negotiation of the organisational change.
Read more about risk and impact analysis from a work environment perspective
Redundancy due to lack of work
A special procedure applies to negotiations before decisions on redundancy due to lack of work. Contact your nearest HR function for advice and support.
Significant changes in working or employment conditions
As a manager, you are also obliged to negotiate before significant changes in working or employment conditions for employees who are union members. You should then contact the relevant trade union.
Quick minutes
In simpler matters, quick minutes can be used according to a jointly developed routine and templates.
The routine and templates in Swedish can be downloaded from the Forms and Templates page.
Contact your nearest HR function for advice and support.
Special procedure for negotiating resource allocation and budget, as well as information about the quarterly report
To promote transparency and dialogue, in accordance with what MBL prescribes, there is a special procedure for negotiation and information on financial matters.
Read the special procedure for negotiation and information on financial matters, in Swedish
Special process for primary negotiation regarding government fixed-term employment (STAVA)
MBL negotiations regarding a special fixed-term employment are conducted according to this process.
When the parties do not agree
Both the employer and the trade union representatives are obliged to state their position on a negotiation issue and the reasons for it. There is also an obligation to objectively consider the opposing party's position. Only when the negotiation is concluded can the employer implement the decision. If the parties have not agreed otherwise, the negotiation is concluded when the minutes are approved by the parties or when one of the parties has withdrawn from the negotiation in writing.
Central negotiation
If the parties cannot agree on the negotiation issue, the trade union can request central negotiation. Central negotiation must be requested no later than the fifth working day after the day the local negotiation was concluded. Therefore, it is very important that both parties agree on when the negotiation is concluded.
If central negotiation is requested, you as a manager must wait with the decision until the central negotiation is concluded.
The HR Division should be contacted immediately upon request for central negotiation and dispute negotiation.
The employer's duty to inform
The employer also has a duty to inform, which is regulated in Section 19 of the MBL. The employer must continuously keep the trade unions informed about how the operations are developing in terms of production and economy, as well as the guidelines for personnel policy.
The employer is also obliged to inform about important investigations in connection with decisions on complex issues. The duty to inform can also apply to investigations without connection to decisions if they are extensive, long-term, require special resources, or concern particularly important issues.
The employer decides whether the information is provided orally or in writing, but for the trade unions to prepare for the information session, written information is preferred.
Contact
Always contact your nearest HR function in the first instance.
In some matters you may also use the HR Division’s case management system to ask questions about different areas connected to HR encompassed in your role: