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En översyn av översynen: En studie av SOU 2015:83s förslag om utvidgad rätt att vidta stridsåtgärder i ljuset av lex Laval och EU-rätten
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
2016 (Swedish)Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
Abstract [en]

The year of 2007 was indeed a year of turmoil for the Swedish labor law. This was the year of the preliminary ruling in the case “Laval un Partneri” (C-341/05), in which the ECJ ruled that the right to take collective action against foreign employers who post employees to work in Sweden as stated in Swedish labor law at the time constituted a disproportionate restriction on the freedom to provide services.  

Due to the ruling of the ECJ, the Swedish legislature governing the right to take collective action toward these employers had to be modified. Changes were made in order to align the Swedish labour law with the EU-law, especially concerning the Posting of Workers Act. These amendments came to be referred to as “lex Laval”, and they constitute a restriction on the right to take collective action.  

As a result of a heated public debate regarding the right to take collective action, lex Laval is now about to be amended. The purpose of the revision of the legislation is to, once again, extend the right to take collective action. This is motivated by a demand of improved possibilities to control the working conditions which the employers actually apply to the posted workers. This is said to be in line with the EU-law since the approval of the new Enforcement Directive (2014/67/EU) in 2014.    

The main purpose of this essay is to give an account of the legislative changes made to the Swedish labor law in consequence of the Laval case as well as the expected changes to come, and to analyze these coming changes from an EU-law point of view. Will they constitute a disproportionate restriction on the freedom to provide services just like the legislation before the Laval case did? In addition, the essay will also give an account of the public debate regarding posting of workers, both on a Swedish national level and on an EU-level. In the light of the debate, the essay will also analyze the European Commission’s proposal of a new directive amending the existing Posted Workers directive (96/71/EC) in relation to the latest proposed change of lex Laval.   

Place, publisher, year, edition, pages
2016. , p. 65
Keywords [sv]
Civilrätt, Arbetsrätt, stridsåtgärder, Laval, EU-rätt
National Category
Law
Identifiers
URN: urn:nbn:se:uu:diva-312855OAI: oai:DiVA.org:uu-312855DiVA, id: diva2:1065189
Educational program
Law Programme
Supervisors
Examiners
Available from: 2017-02-14 Created: 2017-01-13 Last updated: 2017-02-14Bibliographically approved

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