Braking news for the car inspection engineer

A car inspection engineer in Stockholm worked with tasks that required him to test-drive cars daily. After gross negligence in traffic and illegal driving, the employee's driver's license was revoked, and he could not perform his usual work.

The company gave the employee some administrative tasks that did not require a license. However, the tasks were not enough to fill his normal employment as the tasks were dependent on the inspection work. After a few days, the employee became ill. He was later informed that he would not receive sick pay under the collective agreement as he could not perform his usual work. The question was if the employee could receive sick pay from the company despite the lack of a driver's license.

Grounds for sick pay were driving thin

The court found that the employee was not entitled to sick pay under the collective agreement or the rules on sick pay as the employee was not able to work.

This was because his usual work could not be performed without a driver’s license, and there were no vacant positions at the company that did not require a license. The company had no obligation to restructure the company to relocate the employee.

IUNO’s opinion

The case confirms that it is a condition for sick pay that the employee fulfils the working conditions in general. It also confirms that companies only have to relocate employees to new tasks they have the necessary skills for.

IUNO recommends that your companies review its employment contracts for employees who drive as part of their work to check if it clearly states that they must hold a valid driver's license. If the employee no longer fulfills the employment requirements, the loss of the driver’s license may be used as grounds for dismissal.

[The Swedish Labour Court’s decision of 12 June in case 44/24]