Att strida för sin rätt - Den villkorade stridsrätten, den svenska modellen och principerna om konkurrerande kollektivavtal med utgångspunkt i Hamnarbetarkonflikten.
Sammanfattning: The model used in the Swedish labour market requires cooperation and consensus between the social partners on the employee and employer side. The social partners are in charge in reaching collective agreements on labour market related issues without interference from the government. The model is called The Swedish Model and rely on the collective agreements which are binding between the social partners. Collective agreements function as a peace document between the social partners bound by it and therefore restricts the right to industrial action, according to the Co-determination Act (Medbestämmandelagen) 41 §. In 2019, new changes in this area were put into place after an agreement between the central trade unions. The new regulation enlarges the peace obligation to trade unions whom are not bound by a collective agreement, but have members at a workplace. The new regulations could be a possible reaction to the long lasting conflict in the harbor of Gothenburg between the employer AP Terminals, the Swedish Transport Workers´ union and the Swedish Dockworkers´ union. The Swedish Dockworkers´ union have exposed the employer to various industrial actions over the recent years, among other things to achieve a collective agreement. After the Dockworker´s union achieved a collective agreement with the employer, the regulation about competing collective agreements enters. This means that the first collective agreement applies when it comes to terms of employment and in other conditions where the terms are incompatible. The new regulations were criticized because they were considered not being thought through, not being cared for with deeper reflection about the impact on other parties on the labour market and that it contradicts the Swedish Model. The right to take industrial action is limited with the new regulation and impose higher demands to when industrial action is required legal. The new regulation could also make it harder for independent trade unions without a collective agreement to take action for their members. In relation to this, it could also mean that the employer could choose a collective agreement with an independent trade union who offers cheaper terms than the established trade unions.
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