| 101. |
- Malmberg, Jonas, et al.
(författare)
-
Social Clauses and Other Means to Promote Fair Labour Standards in International Fora : A Survey
- 1998
-
Rapport (övrigt vetenskapligt/konstnärligt)abstract
- International labour standards can be promoted in different fora and in various ways. The aim of this report is to survey in wich international fora the need of international labour standards has been discussed and wich results the debate has yielded in the form of proposed or adopted conventions and other legal acts. First of all we find international labour standards in from of conventions and recommendations from the ILO. The ILO has been quite successful in working out internationally accepted labour standards, but there are no effective sanctions connected to the standards. This is one of the reasons that the possibility of including social clauses in trade agreements are discussed. By a social clause the parties promise to comply with certain labour standards or run the risk of beeing confronted with trade barriers. Social clauses has been discussed in connection with the ITO, GATT, WTO, but so far no social clause has been included in the agreements. On the other hand we find social clauses in NAFTA and in different bilateral trade agreements and unilateral trade agreements. A different approach to promote labour standards is through consumer or trade union boycotts, voluntary codes of conducts or through systems of labelling. In the review of proposed or adopted legal acts we mainly raise questions on how the international labour standards are adopted (for instance uni-, bi- or multilateral), on wich labour standards do the legal acts cover, how is the observance of the acts organized (review, supervision etc.) and wich santions do the acts provide.
|
|
| 102. |
- Malmberg, Jonas
(författare)
-
Anställningsavtalet : Om anställningsförhållandets individuella reglering : [individual regulation of the employment relationship]
- 1997
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- In this thesis, the author examines the. extent to which the Swedish Labour Courtaccords significance to individual employment contracts, and other factors personal tothe employer and employee, in determining the content of the employmentrelationship (i.e. the rights and duties of the parties). The first task is to establish the limits of the parties' freedom of contract. Rulesprovided for by statute, collective agreement and case law may be either mandatory ordefault rules. A default rule governs the parties' relationships unless they, explicitly orimplicitly, contract out of it. The question here is how to determine whether aparticular rule is mandatory or a default rule. Even mandatory rules, however, can leave a certain amount of space for individualcontracts. Normally, a mandatory rule is only aimed at contractual clauses whichinvolve disadvantages for one party. In addition, the mandatory character of the ruleusually ceases at a certain point of time, e.g. when the right which the rule grants oneof the parties has come into being. When the default character of a rule has been confirmed, the next question is underwhich circumstances the parties to an individual employment contract can be assumedto have exercised their right to diverge from that which is set out in the rub. These are the central legal questions in the thesis. The main place to look for answersto these questions is in the case law of the Labour Court. This collected case law isexamined with three different purposes in mind. The primary purpose is to analyse thecontent of the law as it is today (the lex lata). A second purpose is to compare thesolutions reached in the case law of the Labour Court in this area to those reached inother areas of the law of contracts. Finally, an attemt is made to shed tight on theunderlying goals of the case law of the Labour Court, in other words, the valueswhich this case law seeks to protect.
|
|
| 103. |
- Malmberg, Jonas
(författare)
-
Anställningsavtalet : om anställningsförhållandets individuella reglering
- 1997
-
Annan publikation (övrigt vetenskapligt/konstnärligt)abstract
- Malmberg, J. 1997: Anställningsavtalet. Om anställningsförhållandets individuella reglering. The Employment Contract. Individual regulation of the employment relationship. Iustus Förlag 413 pp. Uppsala 1997. ISBN 91-7678-347-2 In this thesis, the author examines the extent to which the Swedish Labour Court accords significance to individual employment contracts, and other factors personal to the employer and employee, in determining the content of the employment relationship (i.e. the rights and duties of the parties). The first task is to establish the limits of the parties’ freedom of contract. Rules provided for by statute, collective agreement and case law may be either mandatory or default rules. A default rule governs the parties’ relationships unless they, explicitly or implicitly, contract out of it. The question here is how to determine whether a particular rule is mandatory or a default rule. Even mandatory rules, however, can leave a certain amount of space for individual contracts. Normally, a mandatory rule is only aimed at contractual clauses which involve disadvantages for one party. In addition, the mandatory character of the rule usually ceases at a certain point of time, e.g. when the right which the rule grants one of the parties has come into being. When the default character of a rule has been confirmed, the next question is under which circumstances the parties to an individual employment contract can be assumed to have exercised their right to diverge from that which is set out in the rule. These are the central legal questions in the thesis. The main place to look for answers to these questions is in the case law of the Labour Court. This collected case law is examined with three different purposes in mind. The primary purpose is to analyse the content of the law as it is today (the lex lata). A second purpose is to compare the solutions reached in the case law of the Labour Court in this area to those reached in other areas of the law of contracts. Finally, an attempt is made to shed light on the underlying goals of the case law of the Labour Court, in other words, the values which this case law seeks to protect. Jonas Malmberg, Juridiska institutionen, Uppsala Universitet Box 512, S-751 20 Uppsala
|
|
| 104. |
|
|
| 105. |
|
|
