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- Hansson, Mikael, 1975-
(författare)
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Kollektivavtalsrätten : en rättsvetenskaplig berättelse
- 2010
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The collective agreement is considered to be the single most important method of regulating the labour market in Sweden. Its importance is emphasised by the fact that there is no legislation concerning wages, and that labour-market legislation often can be derogated from by collective agreements (quasi-mandatory statutes). It is often argued that the position of the collective agreement is threatened, due to the fact that the society within which the collective agreement was developed to regulate is fundamentally changing. This change, described in terms of certain tendencies, (internationalisation, individualization etcetera) and their driving forces appear, as it seems, in society (i.e. outside the law), which makes them somewhat difficult for the legal discourse – and jurisprudence in particular – to handle. In the thesis the author combines a discussion of classical topics concerning the collective agreement (such as closing of collective agreements, the binding force of the collective agreement, interpretation of the collective agreement and principles regarding competing collective agreements) with concepts from the law and literature-genre. The law of the collective agreement is thereby described as a legal field of its own, and since the legal field to a large extent is constructed and withheld by legal doctrine, the author argues that jurisprudence itself have an important role in how the changes in society affects the collective agreement. However, modern legal science has certain problems to acknowledge and, moreover, to reflect upon its influence in this process. It is suggested that the changes, insofar as they are relevant to the collective agreement, is situated within the legal discourse itself, in its own narrative. With this perspective in mind, jurisprudence can, and ought to, reflect upon its own role in the narrative of the collective agreement.
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| 2. |
- Rönnmar, Mia
(författare)
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Arbetsledningsrätt och arbetsskyldighet : en komparativ studie av kvalitativ flexibilitet i svensk, engelsk och tysk kontext
- 2004
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The general aim of this doctoral thesis is to study the legal regulation of the managerial prerogative and how it relates to the employee’s obligation to work in Swedish, English and German law in the light of the increasing flexibilisation of working life. The ongoing flexibilisation of working life is often described as an increase in adaptability and allocative flexibility, and as a shift from traditional to atypical employment. The aim of functional flexibility, which is the main focus of this study, is to vary the content of work in relation to the changing demands of production. In order to achieve functional flexibility the employer can broaden job descriptions and the obligation to work in general, and invest in training and education. This study provides a legal dogmatic and comparative description and analysis of questions regarding the employer’s right to direct and allocate work (including the employer’s right to transfer employees and assign them new and different tasks), the industrial relations model and rules regarding information, consultation and co-determination, the employee’s obligation to work and the employer’s possibilities to achieve a variation in the employee’s obligation to work. Furthermore, the development towards a more general requirement for objective grounds with regard to decision-making in the area of the direction and allocation of work is discussed. The research approach is wide and multidisciplinary, and the aim of the study is to analyse the development and functionality of the law in relation to the flexibilisation of working life.
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