Bisysslor inom den offentliga sektorn - En rättsvetenskaplig analys av regleringen av otillåtna bisysslor inom den offentliga sektorn utifrån ett förtroendeskadligt, arbetshindrande och konkurrerande perspektiv

Sammanfattning: Workers in the public domain have to live up to certain demands in order to maintain institutional trust of the state. Because of this, public employees can not pose secondary employment which risks damage public trust, compete, or obstructing work. The secondary employments that undermine public trust are primarily regulated in the law of public employment, competing and obstructing secondary employment are instead mainly regulated through collective agreements. The puzzle occurs from the challenge of assessment, in regards to whether a secondary employment is illicit or not. This is because of the challenge to balance elementary rights against regulation to prohibit damage of public trust. Based on this background, the thesis seeks to analyse the current legal situation in regards to illicit secondary employment in Swedish labor law. By utilizing a legal dogmatic method and studying authoritative- and legal sources we discovered the lack of a clear boundary of what is accepted. Consequently, each case needs to be evaluated in regards to its specific circumstances. Secondary employment risking to damage public trust shall first be evaluated in regards to the damaging potential, and secondly whether the risk could be defended. Competitive and/or obstructing secondary employment are less complex than those damaging public trust. They are more easily identified since they tend to have a more visible effect on the institution. In those cases the interests of the employer are in focus and the regulations exist to protect this.