Verksamhetsövergång – vad händer med anställningsvillkoren och anställningsskyddet? - En kandidatuppsats med fokus på att belysa de brister som finns med ettårsregeln och uppsägningsförbudet
Sammanfattning: In case of a transfer of business, the Council directive 2001/23/EC, aims to protect workers' employment protection and terms and conditions of the employment. A transfer of business means that a business is transferred, and that the business retains its economic unit and identity. The purpose of this paper is to investigate whether the purpose of the directive is achieved during and after a transition of business in Sweden. During the thesis, EU legal method and dogmatic method have been used to investigate the current legal situation and to find solutions to potential defaults. The EU legal method makes it clear that the directive is to be implemented in national law. The directive has thus been implemented in Swedish legislation, mainly through 6 b § Employment Protection Act, 7 § Employment Protection Act third section, 13 § Co-Determination Act and 28 § Co-Determination Act. These paragraphs show, inter alia, what applies to the transition of the collective agreement. In situations where both the transferor and the acquirer are bound by applicable collective agreements, a one-year rule is applied. This rule is commented on and criticized in this paper as we believe that it should be abolished. Instead, the parties should negotiate on a harmonisation of the collective agreement terms for all workers, who become part of the acquirer's business. The regulation that exists for the prohibition of dismissal in the event of a transfer of business is also commented on and criticized because we believe that it is not comprehensive enough. When a transfer of business has taken place, and the acquirer claims a redundancy due to a reorganization that can be referred to the transfer of business, we believe that the rules according to 22 § Employment Protection Act should also apply to redeployment under 7 § Employment Protection Act.
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