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Detta är en Kandidat-uppsats från Lunds universitet/Institutionen för handelsrätt

Sammanfattning: In several of the EU member states, an increase in household employees is seen as a result of societal and demographic changes . Sweden has also seen an increased number of individuals in this trade. Both nationally and internationally this line of work has historically been characterized of being excluded from certain labor law provisions and falling under separate regulations. There are currently three possible contractual possibilities for the person working in private households; domestic employee, self-employed and employed by a company providing household services in private homes. The Work Environment Act and Anti-Discrimination Act are essential when it comes to this profession given that the work largely consists of solitary work with increased psychosocial and physical risks. Aspects such as sexual harassment and violence are also associated with household labour. Although national regulations in theory establish that employees in private homes should enjoy the same work environment protection as other employees, restrictions can be found when looking at the Swedish Work Environment Authority's supervisory possibilities. Tax subsidy through RUT deductions contributes to the fact that the Swedish labour market has seen an increasing tendency to hire self-employed people to perform household services. This results in the Anti-Discrimination laws and some work environment regulations not being applicable as the contract is between two equal parties. Small business owners who sell their own "capacity" thus ”fall into” to the market for goods and services. Whether the working conditions in a contract between a private person and an entrepreneur have meant an employment instead of an assignment is not investigated until a possible dispute. The aim of the study is to determine how protection against discrimination and sexual harassment is affected by the three contractual conditions and how employees, domestic employees and self-employed persons who work in a private households are covered by the Work Environment Act.

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