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Policy on Religious Symbols

Precedential Decision by Judiciary or Regulatory Agency

Author: Anna Jerndorf, Partner and Head of Employment – TM & Partners

In case AD 2023 no. 71 the Swedish Labor Court recently examined a policy that, among other things, prohibited a security guard from wearing a Muslim headscarf when she was working. The main purpose of the company’s policy was to reduce the risk of threats and violence against employees in the workplace. The company’s policy prohibiting religious symbols was considered appropriate and necessary based on its risk assessment of the work environment. Accordingly, the Labor Court concluded, the policy did not violate the prohibition of discrimination on the basis of sex and religion and therefore the employee had not been discriminated against, either directly or indirectly.

Company’s Vaccination Policy Declared Lawful

Precedential Decision by Judiciary or Regulatory Agency

Author: Anna Jerndorf, Partner and Head of Employment – TM & Partners

The Swedish Labor Court recently ruled that a health care company policy requiring COVID-19 vaccination for staff working in close contact with patients in the company’s geriatric operations did not violate either the collective bargaining agreement or the Employment Protection Act. Employees who had not been vaccinated in accordance with the vaccination policy were not considered to be at the employer’s disposal and were therefore not paid their salary during the period in question.

The Labor Court held that less intrusive measures would have resulted in a greater risk of spreading COVID-19 and thus the implementation of the vaccination policy was proportionate under the circumstances.