Arbetsgivarens skyldigheter inför kollektiva uppsägningar i Sverige och England - Implementeringen av direktivet 98/59/EG

Sammanfattning: In this essay, the employer’s obligations in relation to collective dismissals in Sweden and England are examined. The employer’s obligation to information and consultation grants the employees co-determination in case of collective redundancies. In Sweden, this collective right for the trade unions are according to the legislative history for the MBL intended to democratise the workplaces. Still, the collective agreement-carrying trade unions take precedence to this right over unions without a collective agreement. In England, there is not the same tradition of regulating labor relations in collective agreements. Both Sweden and England have implemented the Collective Redundancies Directive, 98/59/EC, and based on how these implementations have been carried out, this essay process how and why the majority organisation’s position in Sweden is defended and what consequences this has for the minority organisations. The Directive has almost exclusively been implemented at a minimum level in England, while Sweden in several cases goes beyond what the Directive stipulates. However, the English legal system offers a more comprehensive right to information and consultation for the individual in relation to collective dismissals. The Swedish tradition of strong majority organisations lives on, but partly at the expense of the individual's right to information and consultation through his own trade union.