Att vara eller inte vara : En uppsats om anställningens rättsliga status vid stridsåtgärder

Sammanfattning: This essay addresses issues concerning the legal status of employment contracts during industrial actions involving work stoppages. The area is largely unexplored, and the legal sources discussing the issue are relatively scarce. Nevertheless, there are examples where parties have claimed, as part of their grounds in court proceedings, that the employment is suspended during industrial actions. The purpose of this essay is to investigate and clarify the legal situation regarding the status of employment contracts during industrial actions, and to achieve this, a legal dogmatic method has been employed. In addition to establishing the legal situation regarding the legal status, the current legal situation is also discussed, and arguments regarding the need for changes are presented. Both doctrine and legal precedents are examined and interpreted as a basis for mapping the current legal situation, and several important concepts are also addressed. I have chosen to solely focus on Swedish law in this essay. Furthermore, the primary focus is on the employee and not the employer, and any specific regulations in collective agreements are not discussed. The employments referred to in the essay are permanent employments, and only strikes, lockouts, partial industrial actions, and sympathy actions are discussed.