En komparativ studie av svensk och lettisk arbetslagstiftning i skuggan av Laval-målet

Sammanfattning: After the last European Union expansion the east European countries became members of the European Union. This meant that they would become apart of the Schengen agreement and that they would be able to travel, live and work anywhere in Europe. This came as a shock to the Scandinavian trade unions that were worried that work migration would escalate, and that it would lead to social dumping, which would make the working conditions worse for the native workers. . The Swedish labour market is build up by the principal of negotiations. The evolution of the labour laws comes from the rules and regulations of collective agreements. The Lex Britannia principal was made to regulate the working conditions for guest workers in Sweden, by making it possible for trade unions to take industrial action against foreign companies to make them sign a Swedish collective agreement. Even though Swedish labour law includes an obligation to maintain industrial peace it is not valid for foreign companies. In the Laval- case the European court of justice judge that the Lex Britannia principles is not consistent with EC- law and that the Swedish labour law violate the principles of free movement and the posting of workers directive. By comparing the Swedish labour laws and regulations on collective agreements, laws and regulations on remuneration to the Latvian labour laws and regulations on collective agreements and laws and regulations on remuneration, the study have shown that the countries have a lot in common at the same time they differ quite allot. The similarities may in many cases be an effect of the common EC- laws and regulations. The conclusion came to be that do to its history of forming and develop the rules and regulations of the Swedish labour market the Swedish trade unions have a strong position in the Swedish labour market. The Swedish labour market may therefore show tendencies of protectionism at the same time that the young labour market, the young labour laws and weak trade unions of Latvia shows tendencies of social dumping.