Sweden - Labour Court confirms consultation rights in bankruptcy - February 28, 2026

A Labour Court ruling clarified that bankruptcy estates must respect trade unions’ consultation rights under the Co-Determination Act. The Labour Court held that the act, like other labour legislation, applies even when the employer is in bankruptcy and that the bankruptcy estate, through the trustee, is bound by the employer’s duties to consult and inform. The estate must be regarded as equally bound by collective agreements and employment contracts as the insolvent employer.

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For more information, please contact Paul de Beer or Oana Ciuca, De Burcht (Scientific Bureau for the Dutch Trade Union Movement) p.t.debeer@uva.nl or the Head of communications at the ETUI, Mehmet Koksal mkoksal@etui.org. For previous full issues of the Collective bargaining newsletter please visit https://www.etui.org/Newsletters/Collective-bargaining-newsletter or consult the archive with all articles in our database at www.cbnarchive.eu. You may find further information on the ETUI at www.etui.org.