Tvåundantaget i LAS och dess relation till kollektivavtal

Sammanfattning: In Sweden the first exception concerning turn rules was accepted in 1994 with the purpose to maintain the balance between employment protection and the companies need for flexibility. Since 2001 the exception concerning turn rules is limited to two employees for organisations with at most ten employees. In the year of 2020 the exception within the turn rules is up for discussion once again hence the government official investigation 2020:30. Further, the turn rules and the exception is semi-compulsory which offers a possibility to deviate from the law through collective agreements. The purpose of this essay is to investigate and analyze the ideas behind the two exceptions of employees concerning turn rules, and how these ideas relate to one another. The essay will also process and categorize collective agreements to be able to clear up how the collective relationships might be affected by an extended exception within the turn rules. The judicial inquiry results in an analysis where the purposes from the first exception within the turn rules are compared to the purposes from the latter exceptions to be able to find out what the main purposes to the exceptions are and have been. The analysis mainly shows the purposes of maintaining a balance on the labor market and protecting the smallest companies. The analysis also shows how the collective relationships are affected.