MBL Negotiations
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 disagree
- The employer's duty to inform
General information about MBL negotiations
MBL negotiations
The basic rules for collective labour law are found in the Co-determination in the Workplace Act (MBL). The purpose of the Act is to increase employee participation and influence. 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 we are obliged to keep these trade unions informed and to negotiate with them on an ongoing basis. Negotiations under the MBL can be conducted for various purposes.
Within 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 any significant changes to its operations, negotiations must be conducted in accordance with Section 11 of the Swedish Co-determination in the Workplace Act (MBL). This is done in accordance with Lund University's rules of procedure for MBL.
Please note that special procedures apply to negotiations prior to redundancy due to a shortage of work and to negotiations relating to individual employees.
Content:
- Things to consider
- When will the meeting be held?
- Where will the meeting be held?
- What types of negotiations or information?
- Report the matter to the HR Division
- Negotiation documentation
- Notice
- The hearing
- Minutes
- Central negotiations
Things to consider
Bear in mind that negotiations should be initiated in good time so that local and, where applicable, central negotiations can be completed without any time constraints.
The authority is fundamentally obliged to wait with its decision or with implementing the decision until the negotiations have been concluded.
When will the meeting be held?
Tuesdays at 9:00 a.m. – 12:00 p.m.
Where will the meeting be held?
Digital meeting.
What types of negotiations or information?
- Negotiations pursuant to Section 11 of the Swedish Trade Union and Employer Organisation Act (MBL) (the employer's primary obligation to negotiate in the event of significant changes).
- Negotiations in accordance with Section 12 of the MBL (Employee organisations request negotiations in an individual case).
- Negotiations in accordance with Section 14 of the MBL (Employee organisations may request central negotiations after local negotiations have been concluded).
- Information pursuant to Section 19 of the MBL (the employer's duty to provide information on how the business is developing and the guidelines for personnel policy).
- Negotiation pursuant to Section 38 of the MBL (the employer's duty to negotiate before deciding to have someone perform certain work on his behalf or in his business without that person being an employee of his).
Report the matter to the HR Division
The matter must be reported by the appointed faculty representative or equivalent and submitted with any relevant documents to the HR Division via the MBL portal no later than six full working days before the relevant meeting time.
Normally, this means that the documents must be submitted to the MBL portal no later than Friday at 12:00 noon. Please note that the date will be brought forward if it falls on a public holiday.
Book and specify:
- Date and time for negotiation or information (book as long as the case is expected to take). You need to set aside time in your calendar for the times you have booked. The HR Division will then call you in the digital meeting when it is your turn (at the booked time).
- Whether it is a negotiation (Section 11) or information (Section 19).
- What is to be negotiated/informed about (heading of the case, including name of faculty and department or equivalent).
- Who represents the authority and presents the case.
- Attach relevant documents. Prior to negotiations, always attach decisions/negotiation documents (see template for support) and risk and impact analyses. It is advantageous to save all documents in the same file: Merge PDFs | Adobe Acrobat (Sweden)
Negotiation documentation
The decision/negotiation documentation referred to above must be drawn up in Swedish (Section 10 of the Language Act (2009:600) must clearly explain the meaning of the proposed decision.
For a template and more information on risk and impact assessment:
Risk and impact assessment prior to changes in operations
Notice
A joint notice for registered cases shall be sent by the HR Division no later than five full working days before the negotiation, together with the documentation for each case. The notice shall state who represents the authority in the various cases.
Dispatch of the notice
The notice is sent by email to Saco-S, OFR/S and Seko together with the supporting documents. The notice is also sent to Lund University Student Unions (LUS) for information.
The hearing
The hearing/information session is led by a representative appointed by the HR Director.
The negotiation begins by confirming the negotiation issue and ends with a summary of the results of the negotiation meeting.
The handling of the conclusion of the negotiation is discussed and decided in connection with the negotiation.
Minutes
Minutes are written by the HR Division and sent to the employee organisations for approval. After approval, a copy of each minutes shall be sent to the respective employee organisation and to the rapporteur for the respective matter.
The minutes shall then be registered by the rapporteur/activity as a digital document, together with the negotiation documentation and any other related documents.
For more information on registration:
Registration of documents | Staff Pages
Central negotiations
If no agreement is reached in (local) negotiations, the authority shall, upon request, also negotiate with the central employee organisation. A request for central negotiations shall be made no later than the fifth working day after the date on which the local negotiations were concluded.
The request shall be registered in W3D3 by the registry/HR Division. The HR department shall contact the person who presented the case and the central employee organisations whose local employee organisations participated in the local negotiations in order to convene (set a time) for negotiations (Main Agreement 3:2).
The same rules apply to the conclusion of the negotiations.
As a manager, you should have a well-thought-out proposal before the trade unions are called to a negotiation, but you should negotiate early enough in the decision-making process to give the trade unions an opportunity to influence the employer's position.
Notification of the matter is made via the designated contact person for MBL at the respective faculty/equivalent, where the negotiation documentation is attached. Please use the template for negotiation documentation as a guide.
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 include expansion, restructuring or closure. This may involve major investment decisions, long-term decisions on work organisation, personnel policy issues, the establishment of work premises or social issues that are considered to be significant changes.
Decisions that a trade union typically wishes to negotiate are also covered by the obligation to negotiate.
Part of the preparations for the decision
Negotiations should be a natural and effective part of the preparations for the decision. Trade unions should be given the opportunity to express their views before the employer commits to a particular solution to the issue.
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 documentation 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
Special rules apply to negotiations prior to decisions on dismissal due to redundancy. Contact your nearest HR department for advice and support.
Read more in the rules of procedure for co-determination negotiations regarding redundancy, order of priority, dismissal below:
Contents of the page:
- Things to consider
- When will the meeting be held?
- Where will the meeting be held?
- Type of negotiation?
- Notification of the matter
- Supporting documentation
- Notice
- Negotiation
- Minutes
- Central negotiations
- Conclusion of negotiations
- Decision
Things to consider
Bear in mind that negotiations should begin in good time so that local and, where applicable, central negotiations can be completed without any time constraints.
When is the meeting held?
Wednesdays at 13:15-15:00
Where is the meeting held?
Digital meeting.
Type of negotiation
Negotiation and information in accordance with Sections 11 and 19 of the Swedish Co-determination in the Workplace Act (MBL) (Employer's primary obligation to negotiate).
Notification of the matter
The matter must be notified to the HR/Work Shortage Team no later than seven full working days before the desired negotiation, together with the negotiation documentation. Notification is made in a single PDF file to the HR Division via supportcenter.lu.se.
Normally, this means that the documents must be received by the HR Division no later than 12:00 on the Friday of the week before the notice is sent.
Please state:
- Desired date for negotiation.
- Whether it is a negotiation or information regarding labour shortage or order of priority,
- termination, etc.
- What is to be negotiated/communicated (heading of the case).
- How long the negotiation is expected to take.
- Who represents the authority and presents the case.
The negotiation is always led by the HR Director or a substitute from the HR Division.
Supporting documentation
The supporting documentation must be prepared in Swedish (Section 10 of the Language Act (2009:600)). A risk and impact assessment must always be attached to the supporting documentation (see templates and instructions on the HR website).
Notice
A joint notice for reported cases is sent from HR no later than five full working days before the hearing, together with the supporting documentation for each case.
Dispatch of notice
The notice is sent by email (PDF format) to Saco-S, OFR/S, Seko and to those who reported the case, together with the supporting documentation. The person who reported the case forwards the notice to those who represent the authority.
Negotiation
The responsibility for investigating, preparing proposals for decisions and negotiating these lies with the manager responsible for personnel where the shortage of work arises, unless otherwise decided. The nearest HR function at the faculty/equivalent provides advice and support in this work. The HR Division leads the negotiations and provides negotiation support.
Minutes
Minutes are drawn up by the HR Division, which also ensures that they are approved (see the section on Concluding the negotiations below). After approval, the minutes are dispatched by the HR Division.
Central negotiations
If no agreement is reached in (local) negotiations, the authority shall, upon request, also negotiate with the central employee organisation. A request for central negotiations must be made no later than the fifth working day after the date on which the (local) negotiations were concluded. The request must be registered with the HR department.
The HR department will contact the person who presented the case and the central employee organisations to convene central negotiations (set a date for negotiations). The same rules apply to the conclusion of the negotiations.
Conclusion of negotiations
The negotiations are only considered concluded when the minutes have been approved or when the party that has fulfilled its negotiation obligation has given the other party written notice that it is withdrawing from the negotiations, unless the parties concerned have agreed otherwise. In order to prevent delays, the question of approval may be raised during the negotiations.
Decision
The authority is obliged to wait with its decision or with its implementation until the negotiations have been concluded.
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.
Contact your nearest HR function for advice and support.
Templates can be downloaded from the Forms and Templates page.
Take part of the routine:
Routine description: Quick protocol for negotiations pursuant to Section 11 of the Swedish Co-determination in the Workplace Act (MBL) and Section 32 of the Swedish Employment Protection Act (LAS)
Quick protocols based on available templates are used in consultation with the trade unions.
The templates can be downloaded from the Forms and Templates page.
Quick protocols are used in the following negotiations in accordance with Section 11 of the MBL:
- Change of organisational position (which does not affect the organisation).
- Change of title (within the scope of work duties).
- Termination of employment procedure/recruitment process (statement and announcement must be attached).
Quick protocols are also used in negotiations on priority rights in accordance with Section 32 of the Employment Protection Act (LAS):
- When employing an employee other than the one who has priority rights to re-employment, or if the question arises as to which of several priority-entitled employees should be re-employed (statement and announcement to be attached).
- Negotiations prior to the appointment of a manager.
Routine
- Quick minutes are only used when the parties are in agreement.
- Quick minutes and supporting documentation are sent via eduSign to the designated contact person for the relevant employee organisation. Negotiation documentation and draft minutes on the matter shall be sent at the same time to the functional address of the relevant employee organisation so that the matter can be dealt with in the event of absence or similar.
- The type of negotiation with legal provisions and the matter are specified in the subject line.
- Attach negotiation documentation.
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:
Annual cycle for negotiating resource allocation and budget, as well as information on quarterly reports.
Matters:
Proposals for decisions on resource allocation are negotiated by all faculties/equivalents.
- According to Section 11 of the Swedish Co-determination in the Workplace Act (MBL)
- Time: November-December
The total budget for LU is negotiated by the Finance Division
- According to § 11 MBL
- Time: February
Information on financial results for the previous year and information on the multi-year forecast for Lund University as a whole (information provided by the Finance Division).
- According to § 19 MBL
- Time: February
All of the above information/negotiations are carried out in accordance with the rules of procedure for "Tuesday MBL".
Special process for primary negotiations regarding fixed-term government employment (STAVA)
MBL negotiations regarding special fixed-term employment are conducted according to this process. Read about the process:
MBL negotiations regarding a specific fixed-term employment contract are conducted in accordance with this process.
Process:
- The department that wishes to use STAVA fills in the form and attaches the relevant documents in accordance with the template.
- The MBL contact person creates a case in Supportcenter and attaches the form and relevant documents to the case.
- The HR/Employer Support section receives the case and books a negotiation time (not on Tuesdays).
- The business participates in the negotiation through the responsible manager, local HR and trade unions. The HR Division chairs the negotiation and takes the minutes.
Follow-up on how the process works and lessons learned from current cases will take place once the parties have negotiated a few different cases.
When the parties disagree
Both employers and trade union representatives are obliged to state their position on a matter under negotiation and the reasons for it. There is also an obligation to treat the other party's position objectively and to consider it. Only when the negotiation is concluded can the employer implement the decision. Unless the parties have agreed otherwise, the negotiation is concluded when the minutes have been approved by the parties or when one of the parties has withdrawn from the negotiation in writing.
Central negotiations
If the parties cannot agree on the matter under negotiation, the trade union may request central negotiations. Central negotiations must be requested no later than the fifth working day after the date on which the local negotiations were concluded. It is therefore very important that both parties agree on when the negotiations are concluded.
If central negotiations are requested, you as a manager must wait with your decision until the central negotiations have been concluded.
The HR department must be contacted immediately in the event of a request for central negotiations and dispute negotiations.
The employer's duty to provide information
The employer also has a duty to provide information, which is regulated in Section 19 of the MBL. The employer must keep the trade unions informed on an ongoing basis about how the business is developing in terms of production and finances, as well as the guidelines for personnel policy.
The employer also has a duty to provide information about important investigations in connection with decisions on complex issues. The duty to provide information may also apply to investigations that are not related 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 written information is preferable so that the trade unions can prepare for the information session.
Contact
Always contact your nearest HR function in the first instance.
In some matters, based on your role, you can also contact the HR Division at Lund University. Read more on this page: