Redundancy selection rules – who stays and who is dismissed?

Who stays when an employer reduces staffing? Redundancy selection involves more than length of service. Selection groups, qualifications, exemptions and collective agreements can affect the outcome.

This article explains the statutory starting points and what employees and employers should examine before termination.

What does selection under LAS mean?

Selection under section 22 LAS applies to termination for redundancy. For employees who have not been exempted, the starting point is total service with the employer. Longer service takes priority; where service is equal, the older employee has priority.

This does not mean that one list always covers the entire business. First establish, among other matters, which employees belong to the same selection group and which jobs remain.

Operating units and collective agreement areas

Where an employer has several operating units, the statutory main rule is a separate order for each unit. Where the employer is or usually is bound by collective agreements, a separate order is also established for each agreement area. Subject to statutory conditions, a union may request a common order for several units in the same locality.

Sufficient qualifications for continued work

If an employee can remain employed only through redeployment, sufficient qualifications for that work are required. Assessment therefore concerns both service and the specific requirements of the remaining job.

A dispute may concern which requirements are justified and which qualifications the employee has. A general view on who is most suitable does not replace assessment under the applicable rules.

Exemptions for up to three employees

Before setting the selection order, section 22 LAS allows an employer to exempt up to three employees whom it considers particularly important to continued operations. The limit applies regardless of the number of selection groups. Following such an exemption, further exemptions may not be made in a termination within three months of the first termination.

Collective agreements and agreed selection lists

Subject to certain conditions, LAS allows collective agreements to depart from selection rules. An agreed selection list may therefore replace the statutory order in a particular redundancy situation.

It is misleading to describe such a list as unlimited protection from legal review. The agreement's conditions, scope and application need checking. Establish which agreement the employer relies on before assessing the selection.

Selection and re-employment rights are different matters

Selection concerns who retains work during the staff reduction. Preferential re-employment rights under section 25 LAS may arise in later recruitment.

The ordinary preferential right requires, among other conditions, sufficient qualifications and more than twelve months of employment in total during the preceding three years. Specific service requirements apply to new special fixed-term and seasonal employment. Other conditions and applicable agreements must also be checked.

What can a breach of selection rules lead to?

Under section 34 LAS, a termination cannot be declared invalid solely because it breaches selection rules. Damages may, however, be relevant. Other objections to the termination need separate assessment, and deadlines can be short.

Get help reviewing redundancy

Arbetsrättsjuridik assists employees and employers with reviews of redeployment, selection and legal risks in redundancy. Request a quote for advice or negotiation support. We work online throughout Sweden and provide legal work for a fee by agreement.

Read more about redundancy, redeployment, preferential rights and limitation periods in the knowledge centre.

Legal source: the Swedish Employment Protection Act (1982:80), especially sections 2b, 7, 22–27 and 34. Checked on 21 October 2026. General information, not a substitute for individual assessment.

Book advice · Employment law guides · Read LAS