Åldersdiskriminering : i arbetslivet

Detta är en Magister-uppsats från IHH, Rättsvetenskap

Sammanfattning: According to the national legislation concerning discrimination within labour law, it is prohibited to discriminate on the grounds of sex, ethnic belonging, religion or other religious belief, functional disability, sexual nature and part-time work or time-limited employment. The EC-law goes further and also prohibits discrimination on the ground of age. According to an EC-directive the member states must incorporate a national provision against age discrimination by the 2nd of December 2006 and the Swedish legislator is now in the progress to implement this into Swedish law. Even though national legislation does not contain any provision on the area, the EC-law directive has a certain influence at national law. Measures that are in breach of the purpose of the directive can for example not be taken. When the time for implementation has expired, the directive has direct effect and can be referred to within the member states. Until now there has only been one case in the EC-law concerning age discrimination and it will be analysed in the essay. Discrimination is a subject that most people have an opinion about. Therefore, in one section of the essay different parties’ opinions in the subject matter is being examined. In order to do so I implemented interviews with persons who represents the employers respectively the employees’ side. These interviews showed that the opinions often were similar irrespective of what side the person represented. The final report from the Swedish committee of discrimination is naturally being analysed. This final report, which is a part of the law-making process, has now been referred for consideration in order to let authorities, organisations and municipalities make there comments.

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