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Svensk arbetsrätt efter Laval-målet

by Bäck, Jeanette

Abstract (Summary)
AbstractThe national authorities in Sweden have entrusted management and labour with the task of setting, by way of collective negotiations, the wage rates and other terms and conditions of employment. The parties on the labour market, i.e. trade unions and employers have reached collective agreements, which prescribe the current terms and conditions. The autumn of 2004 something happened that has lead to questions about the role of the social partners and collective agreements, and whether the existing Swedish practice is compatible with rules of the EC Treaty on the freedom to provide services and the prohibition of discrimination on grounds of nationality.Byggnads and Elektrikerförbundet (Swedish trade unions) toke collective actions with the aim of having a Latvian company, Laval un Partneri Ltd, to sign a Swedish collective agreement. The company posted Latvian workers to Sweden for the construction of a school in Vaxholm.However, the dispute between the contending parties was about more than the construciton of a school. Finally the question concerned whether the freedom to provide services should be in a superior position, prior the fundamental right to strike.In December 2007 the Court of Justice delivered the judgement in the Vaxholm dispute (or case C-341/05 Laval). The Court judged that the rules of the EC Treaty precluded Byggnads from taking collective actions. The collective actions were with other words not allowed. Lex Britannia, the rule that gives Swedish trade unions the right to take collective actions to force foreign providers of services to sign a Swedish collective agreement, was found to give rise to discrimination. This means that the Swedish labour law is not compatible with the rules of the EC Treaty on the freedom to provide services. For that reason the Swedish labour law now has to amend.The purpose of this essay is to investigate conceivable changes of the labour law in Sweden, as an adjustment to the rules of the EC Treaty. 42 § MBL, which includes lex Britannia, and the Law on the posting of workers are some national regulations that can be amended. Several others changes could be done, e.g. introduction of a principle of proportionality in the Swedish labour law, or a demand from the Swedish government for an exception of collective agreements and collective actions in the Treaty of Lisbon.
Bibliographical Information:

Advisor:

School:Växjö universitet

School Location:Sweden

Source Type:Master's Thesis

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ISBN:

Date of Publication:05/20/2008

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