| 1. |
- Thörnqvist, Christer, 1961-, et al.
(författare)
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When tender turns tough : posted workers and the tendering regime in the Swedish construction industry
- 2012
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Ingår i: Construction Management and Economics. - : Taylor & Francis Group. - 0144-6193 .- 1466-433X. ; 30:7, s. 525-533
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Tidskriftsartikel (refereegranskat)abstract
- The outcome of the so-called Laval case and related judgments of the European Court of Justice (ECJ) has led to a debate about the future of the European social model. Although several analyses have focused on the downside of the judgments, in particular on the risk of ‘wage dumping’, one important but overlooked aspect is the connection to tendering regimes. This lacuna is crucial to labour recruitment practices in the construction industry because of the important role of public authorities as buyers of large construction services within the European Union. The research question is whether rigidity in how public authorities are required to tender contracts strengthens downward pressure on wages and induces a deterioration in working conditions. Case study material from Sweden is used in the context of extensive previous research and preliminary findings from an ongoing research project. Because of the short time span since the rulings of the ECJ there is only anecdotal evidence for establishing a mutually reinforcing connection between the system for awarding tenders in Swedish construction and the wider impacts of Laval on the labour market. Nevertheless, new evidence suggests that labour recruitment and human resource management practices are being shaped by a tendering regime governed by requirements of ‘cost flexibility’.
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| 2. |
- Woolfson, Charles, 1946-, et al.
(författare)
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The Swedish model and the future of labour standards after Laval
- 2010
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Ingår i: Industrial relations journal. - Oxford, UK : Wiley-Blackwell. - 0019-8692 .- 1468-2338. ; 41:4, s. 333-350
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Tidskriftsartikel (refereegranskat)abstract
- This article reflects on the European Court of Justice ruling in the case of Laval, involving Latvian posted workers in Sweden. It analyses the implications of the ruling and ensuing debate over the Laval case for the future of the ‘Swedish model’ and labour standards. It suggests that profound dilemmas now face trade unions both at Swedish national and European level as to appropriate strategies to adopt to defend national pay and working conditions in the light of the European Court decision and especially in the Swedish context due to the subsequent ruling by the Swedish Labour Court. Nevertheless, a human rights discourse is emerging in which the European Court of Human Rights may act as a counterbalance to the European Court of Justice, especially in the context of the Lisbon Treaty.
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| 3. |
- Woolfson, Charles, et al.
(författare)
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Forced Labour and Migrant BerryPickers in Sweden
- 2012
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Ingår i: International Journal of Comparative Labour Law and Industrial Relations. - : Kluwer Law International. - 0952-617X .- 1875-838X. ; 28:2, s. 147-167
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Tidskriftsartikel (refereegranskat)abstract
- Groups of migrant berry pickers arriving annually in Sweden from both Asia and the newer European Union Member States have been subject to exploitation over the years. The problem appears to persist in spite of public and international concern and successive regulatory reforms. An examination of this problem from a forced labour perspective suggests inadequate implementation and application of international norms in Swedish law, as well as deficiencies in the application of criminal-law and in regulatory oversight. Policy recommendations regarding the labour conditions for seasonal migrant workers in Sweden are put forward.
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| 4. |
- MacGregor, Oskar, et al.
(författare)
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Anti-doping, purported rights to privacy and WADA’s whereabouts requirements : A legal analysis
- 2013
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Ingår i: Fair Play. - : Universitat Pompeu Fabra. - 2014-9255. ; 1:2, s. 13-38
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Tidskriftsartikel (refereegranskat)abstract
- Recent discussions among lawyers, philosophers, policy researchers and athletes have focused on the potential threat to privacy posed by the World Anti-Doping Agency’s (WADA) whereabouts requirements. These requirements demand, among other things, that all elite athletes file their whereabouts information for the subsequent quarter on a quarterly basis and comprise data for one hour of each day when the athlete will be available and accessible for no advance notice testing at a specified location of their choosing. Failure to file one’s whereabouts, or the non-availability for testing at said location on three occasions within any 18-month period constitutes an anti-doping rule violation that is equivalent to testing positive to a banned substance, and may lead to a suspension of the athlete for a time period of between one and two years. We critically explore the extent to which WADA’s whereabouts requirements are in tension with existing legislation on privacy, with respect to UK athletes, who are simultaneously protected by UK domestic and EU law. Both UK domestic and EU law are subject to the European Convention on Human Rights (ECHR) Article 8, which establishes a right to “respect for private and family life, home and correspondence”. We critically discuss the centrality of the whereabouts requirements in relation to WADA’s aims, and the adoption and implementation of its whereabouts rules. We conclude that as WADA’s whereabouts requirements appear to be in breach of an elite athlete’s rights under European workers’ rights, health & safety and data protection law they are also, therefore, in conflict with Article 8 of the ECHR and the UK Human Rights Act 1998. We call for specific amendments that cater for the exceptional case of elite sports labour if the WADA requirements are to be considered legitimate.
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