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- Malmberg, Jonas
(författare)
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Anställningsavtalet : om anställningsförhållandets individuella reglering
- 1997
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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
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