Edited by Janice R. Bellace and Beryl ter Haar
Chapter 6: Fundamental rights and Swedish labour law
The Swedish labour law and industrial relations system is based on self-regulation, cooperation between the social partners and autonomous collective bargaining. Organisation rates on both sides of the labour market are high, and wages and employment conditions are generally set by collective agreements. However, today labour law legislation is also frequent. This chapter aims at a discussion and analysis of fundamental rights and Swedish labour law and industrial relations. The chapter highlights the trend towards ‘constitutionalisation’ and increased importance of fundamental rights discourses, and discusses different forms of fundamental rights’ influence in Swedish labour law. Constitutional traditions and regulation in this area are analysed as well as the crucial interplay between Swedish law and international and European law, including the example of the ‘Laval case’ and freedom of association, collective bargaining and collective action.
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