Turordningsreglerna : En bestämmelse för att skydda den svagare arbetstagaren eller ett exempel på strukturell diskriminering?

Detta är en Kandidat-uppsats från Linnéuniversitetet/Institutionen för ekonomistyrning och logistik (ELO)

Sammanfattning: Abstract When an employer need to fire employees because of redundancy it has been found out that foreign-born workers are more negative affected than workers who is born in Sweden. The employer can apply several of provisions of 22 § LAS to create the case list. The regulations have in some cases been criticized to contribute to a structural discrimination on the Swedish labour market. The purpose of this study is to examine how the employer in different ways can affect the case list and examine whether the rules can be an example of structural discrimination, and how this in turn may affect the foreign-born workers. A legal dogmatic method has been applied to investigate the legal situation. And addition have also been made from a legal sociological method to create a picture to see how the situation for foreign-born employees looks on the Swedish labour market. The results of the study showed that the employer has great potential to influence the case list and that the employers right to lead the work is a strong principle. The biggest restriction in the employers right to lead the work is in the regulation that says that decision cannot be discriminatory. If the employer would make a decision that is disadvantage for some groups, there must be a factual statement for the decision. Furthermore, the study also concluded that there is a form of structural discrimination from the regulation of 22 § LAS. The structural discrimination is especially showed in how the law is constructed, and in norms and values that was held by employers and institutions.

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