Change search
ReferencesLink to record
Permanent link

Direct link
Verksamhetsövergång: En kritisk granskning av Arbetsdomstolens bedömningar vid fall av outsourcing
Linnaeus University, School of Business and Economics, Department of Management Accounting and Logistics.
2016 (Swedish)Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE creditsStudent thesis
Abstract [en]

The subject of this study is transfer of undertakings and employment protection in cases of outsourcing. The aim of the study is to examine how the Swedish law in the area relates to the EU law. This is done by comparing the Swedish case law of Arbetsdomstolen to the case law of the Court of Justice of the European Union and by critically reviewing the case law of Arbetsdomstolen from a gender perspective. The method used for this study is a doctrinal research method. This is supplemented with a social science perspective.

Cases of outsourcing are often complex and have given rise to a lot of case law from both the Court of Justice of the EU and Arbetsdomstolen. Arbetsdomstolen has furthermore been subject to criticism for interpreting the EU directive too independently and for being too employer friendly.

The results of the study show that Arbetsdomstolens assessments are different from the Court of Justice of the EU assessments in some aspects. Both courts, but Arbetsdomstolen in particular, distinguishes between undertakings that are based on material assets and undertakings that are based on personnel assets. Case law shows that a transfer of undertaking is more likely to occur when it concerns an undertaking based on material assets. This means that Arbetsdomstolens assessments are unfavorable for employees working in undertakings based on personnel. The conclusion is therefore that, since the Swedish labor market is gender segregated, the employment protection is stronger for men than for women.

Place, publisher, year, edition, pages
2016. , 37 p.
Keyword [en]
transfer of undertakings, gender equality, employment protection, Arbetsdomstolen, Court of Justice of the European Union
Keyword [sv]
Verksamhetsövergång, jämställdhet, Arbetsdomstolen, EU-domstolen, anställningsskydd, outsourcing
National Category
Law and Society
URN: urn:nbn:se:lnu:diva-51290OAI: diva2:914135
Subject / course
Legal Science
Educational program
Human Resource Management Programme, 180 credits
Available from: 2016-03-30 Created: 2016-03-23 Last updated: 2016-03-30Bibliographically approved

Open Access in DiVA

fulltext(618 kB)30 downloads
File information
File name FULLTEXT01.pdfFile size 618 kBChecksum SHA-512
Type fulltextMimetype application/pdf

Search in DiVA

By author/editor
Skilje Kolstad, Julia
By organisation
Department of Management Accounting and Logistics
Law and Society

Search outside of DiVA

GoogleGoogle Scholar
Total: 30 downloads
The number of downloads is the sum of all downloads of full texts. It may include eg previous versions that are now no longer available

Total: 270 hits
ReferencesLink to record
Permanent link

Direct link