How can the concept of flexicurity be implemented through legislation? - A study between Danish flexicurity and Swedish job security

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

Sammanfattning: The main purpose of this thesis is to clarify what the term flexicurity is and what it entails. Flexicurity is a labour market policy model that has the goal of creating more and better jobs. In itself, flexicurity is a political tool and is not a legal term. I will aim at clarifying how this political model has been transformed into legislation and how it can assist the labour market in different sources of law. I will try to compare the Danish and Swedish labour law system through a comparison of some parts, such as job security, dismissals, unemployment and sick leave etc. I will also try to clarify how these two countries has tried to implement the flexicurity model through sources of law, e.g. legislation or collective agreements. The Danish labor market model is characterized by great flexibility, which both makes it easier to hire and dismiss employees. In Denmark there is no legislation on employment security like there is in Sweden, therefore there are no priority rules that can be applied. Results and statistics show that the priority rules both contribute to the young employees disadvantage in the labor market and that the labor mobility is lower. The priority rules are designed to protect the most vulnerable employees in the labor market. The purpose of these rules does not longer serve its function when it is particularly the young employees who are the most vulnerable in the current labor market.

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