| 1. |
- Bruun, Niklas, et al.
(författare)
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Sanctions for Unlawful Collective Action in the Nordic Countries and Germany
- 2014
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Ingår i: International Journal of Comparative Labour Law and Industrial Relations. - Alphen aan den Rijn : Kluwer Law International. - 0952-617X .- 1875-838X. ; 30:3, s. 253-271
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Tidskriftsartikel (refereegranskat)abstract
- This article compares the industrial relations systems in Finland, Sweden, Norway, Denmark, and Germany with the aim of exploring the approach to remedies and sanctions in order to find out whether national remedies and sanctions for unlawful industrial action could also be applicable to situations of 'unlawful Collective Action under EU law'. In our opinion, it is crucial for such a comparison to focus not just on the legal remedies at hand in the national legal context, but also to take into account the context of industrial relations in which they function. A comparative study of sanctions and remedies in the Nordic countries and Germany opens up a spectrum of rather complicated rules that have been fine-tuned in legal practice at national level over several decades, including rules on defining lawful collective action, mediation, and interim injunctions. The legislator and the courts have built national systems that are based on an acceptance of Collective Action as a legitimate tool for trade unions, a tool that is not allowed to be misused and that has been developed to support and fit into the national industrial relations system and traditions of collective bargaining. The starting point is that unlawful Collective Action should be subject to economic sanctions, but these sanctions should not endanger continued contractual relations between the labour market parties. Economic sanctions are not primarily calculated on the basis of economic loss on the part of the employers, but many factors are taken into account, such as the size of the trade union as well as any mitigating and aggravating factors in accordance with national law and practice. These aspects should be taken into account also in cases of 'EU-unlawful' collective action.
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| 2. |
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| 3. |
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| 5. |
- Herzfeld Olsson, Petra, 1966-, et al.
(författare)
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Aktuella utmaningar för svensk arbetsrätt
- 2020
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Ingår i: Juridisk Tidskrift. - 1100-7761 .- 2002-3545. ; :3, s. 619-623
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Tidskriftsartikel (refereegranskat)
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| 6. |
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| 7. |
- Malmberg, Jonas, 1962-, et al.
(författare)
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Oskäliga anställningsavtal rensas ut
- 2001
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Ingår i: Dagens Nyheter. - Stockholm : AB Dagens nyheter. - 1101-2447. ; :2002-11-11
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Tidskriftsartikel (populärvet., debatt m.m.)
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| 8. |
- Malmberg, Jonas, 1962-, et al.
(författare)
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Rättsbildning är statens ansvar
- 2000
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Ingår i: Svenska Dagbladet. - Stockholm : Hb Svenska dagbladets AB & Co. - 1101-2412. ; :2000-09-04
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Tidskriftsartikel (populärvet., debatt m.m.)
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| 9. |
- Malmberg, Jonas, et al.
(författare)
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The Vaxholm case from a Swedish and European perspective
- 2006
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Ingår i: Transfer. - Brussels : European Trade Union Institute. - 1024-2589. ; 12:2, s. 155-167
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Tidskriftsartikel (refereegranskat)abstract
- The Vaxholm (or Laval) case concerns an industrial action undertaken on a building site in Vaxholm, a town not far from Stockholm, Sweden. The work was performed by Latvian workers employed by a Latvian company. In order to put pressure on the company to conclude a collective agreement the Swedish Building workers’ union initiated industrial action, including a ban on all building and installation. This blockade was supported by the Electricians’ Union through a secondary action. Both the primary and the secondary actions were lawful under Swedish law. The case raises the question whether the industrial action or Swedish law is contrary to Community law on the free movement of services or the Posted Workers Directive. The case is now pending before the European Court of Justice (ECJ). The aim of this article is to present the background and context of the Vaxholm case for a non-Swedish audience and to outline the main issues of legal interpretation at stake, as well as their background in the Swedish industrial relations system and in Swedish and European law. The authors also point to some probable solutions in the light of earlier case-law of the ECJ.
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| 10. |
- Andersson, Peter, et al.
(författare)
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Assessing the Swedish labour law model through a social sustainability lens
- 2022
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Ingår i: Retfærd. Nordisk Juridisk Tidsskrift. - 0105-1121. ; :2, s. 75-96
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Tidskriftsartikel (refereegranskat)abstract
- In this article, we aim to explore the contours of how we might interrogate Swedish labour lawand practice from a socially oriented sustainability perspective, drawing on the distinctive findings of ourproject ‘An inclusive and sustainable Swedish labour law – the ways ahead’ and on other aspects of theSwedish labour law model that we consider are particularly relevant for a sustainability analysis. In sodoing, we have identified potentially five dimensions to the use of a ‘sustainability’ discourse as a basis forevaluation of regulatory measures suitable for the Swedish labour market. It emerges that the central dominant system of collective bargaining has the potential to promote durability and inter- and intra-generational justice, including just transitions in the labour market. However, its capacity to promote capabilities and equality depends on how inclusive and adaptable collective bargaining systems are, with attentionto who is being represented and in what sectors.
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