Kränks föreningsrätten när konkurrerande kollektivavtal inte tillämpas? Vilken arbetsrättslig effekt har andrahandsavtal?

Sammanfattning: This essay is about competitive collective agreements. Since Swedish labor law leaves this relatively unregulated in legislation, the field is primarily characterized by legal practice. The work presents the parties that have entered into respective collective agreements, introduces the concept of the secondary agreement, and explains the meaning of collective agreements competing with each other. Regularly, questions arise concerning competitive collective agreements within Swedish law, usually related to the interpretation of certain agreements and the issue of priority, where uncertainties need to be clarified. An example of this is when two trade unions sign agreements with identical regulations, in other words having rules formulated in the same way, and which of these agreements should be applied and prioritized in a dispute. Can both agreements be applied simultaneously, and should they do so in such cases? Why wouldn't it be possible to let two agreements containing identical regulations be applied simultaneously? The work deals with the conditions of the collective agreement and how they relate to other collective agreements. Furthermore, it provides an account of the prevailing legal practice and how different situations should be interpreted and handled. The essay also addresses the right of association within the field of labor law and how it is protected both in Sweden and in European law resulting from Sweden's membership in the European union. Once the legal situation has been described, its potential problems and merits are also commented upon. Can Swedish labor law continue to be organized as it is today while being in accordance with the law of the European union?