<p>The aim of this paper is to explain and compare non-compliance of two EU-directives, “the quality of bathing water” and “the working time directive”. This study answers the questions: Why didn’t Sweden implement the directive on bathing water quality and the working time directive correctly? Are the reasons for non-compliance the same or different in the two cases? The paper is designed as a case study and with an explanatory attempt we explain why the two directives weren’t implemented correctly in Sweden. The theoretical approach is based on both general- and EU-specific implementation theories. The reason why the directive on quality of bathing water wasn’t implemented correctly was firstly because of the differences between the Swedish political contents and the EU-directive’s, secondly the vague formulation that caused problems with understanding how to implement the directive. Third and lastly the implementation suffered from the lack of administrative resources. The working time directive had problems with the political contents and the resistance from the trade union and government, which caused delays with the implementation of the directive. By studying these two cases this paper concludes that there is only one point of similarity between the cases, i.e. the political contents.</p>

International and european aspects of the working time legal regulations Abstract The aim of this thesis is to comprehensively describe and critically evaluate european and international legal regulation of the working time and the rest periods. After the general Introduction the thesis is divided into 4 main chapters. The most fundamental outputs from these chapters are summed up in the Conclusion. The importance of the issue within the scope of juridical institutes of the labour law is emphasized in the Introduction of this thesis. It is one of the most important working condition for the employees. That is why the duly adjusted minimal protective standards are essentials for the workers with regard to the possibility of influencing theirs state of health. In the short historical summary I try to prove that people always realized the importance of the limitation of the working time and of the adjusting the minimum rest periods. I also refer to the fact that the european and international legal framework dealing with the working time is very extensive and difficult to interpret. It brings along burdensome work for the national legislators to duly transpose the requirements of the european and international legal standards. I also express the commiseration that this area is in my opinion under the...

Working time is a constantly discussed topic. In Sweden working time is largely controlled by collective agreements. About 90% of all workers are covered by a collective agreement. For those who are parts of a collective agreement, it is important to consider the regulations in both the Swedish Arbetstidslagen (ATL) and the Working Time Directive (the Directive) when making a collective agreement. The purpose of this thesis is to examine various aspects of working time regulation in the form of directives, law and collective agreements. The thesis intends to contribute to knowledge of how the regulations regarding working hours in Sweden meet the requirements of the Directive by the EU. Further, the purpose is to examine how deviations from ATL can be regulated by collective agreements. The legal dogmatic method has been used in combination with an EU legal method. Directive, law, preparatory acts, case law, doctrine and literature were studied to investigate the legal situation. Collective agreements have been used as a source of law as well as empirical material. When studying implementation of the Directive to Swedish law, certain contradictions can be identified. The Swedish model collides with the Directive and the Swedish legislators as well as the Labour court choose to safeguard the Swedish model. Another contradiction is the purpose of the directive, protection of worker's health and safety, it is important and the Court of Justice of EU returns to it in many cases. A counterpart is lacking in ATL, instead, a connection is made to AML. Furthermore, the definition of working time is an issue where differences can be noticed between the Directive and Swedish law. Interpretations of the Court of Justice of EU and ATL defines different interpretations of call time and a new case may affect the travel time. The Court of Justice of EU calls the member countries to have equivalent definitions of working time and it should originate from the Directive. Regarding deviations through collective agreements the study shows that there are difficulties to interpret 3 § ATL, which is giving contradictory instructions regarding deviations. The paragraph and the EU-lock puts a great responsibility on the parties of the labour market to be familiar with both the Swedish law and the Directive. Some regulations are better for workers in ATL than the Directive at first glance, but this can be settled by collective agreements. Practice shows that there may be errors in the preparation of collective agreements.

This dissertation examines the discursive, political, and legal context of the European Union’s (EU) Working Time Directive, beginning with the history of its adoption and ending with its unsuccessful revision attempt in 2009. It also analyzes the Directive’s influence on the working-time regime in Poland, and considers whether or not it advances gender equality. A feminist, socio-legal perspective that is attentive to multiple levels of governance is used to analyze the Directive, the Polish Labour Code provisions, and their interaction. The dissertation illustrates how standard working-time norms both assumed and institutionalized an unequal allocation of paid and unpaid work between men and women, which either constrained women’s employment opportunities or, in Poland’s case, penalized women with a double burden of paid and unpaid work. It shows how a contextual analysis of the EU and Polish working-time instruments allows us to evaluate whether the norms they set embody and reproduce, or challenge and move beyond, these gendered assumptions. The focus is on changes in the political, economic, and social milieu, developments in policy discourses and institutional architecture, and the role of actors influencing the evolution of these instruments. Emphasis is given to Poland’s post-1989 transition and EU accession processes, the expansion of the EU competences, and the influence of broader transnational trends. The study reveals that the current regulatory approaches to standard work-time promoted in the EU and Poland are unlikely to facilitate equal re-distribution of work time between men and women because equality and work-family reconciliation have been either absent as potential regulatory rationales or subordinated to the dominant pursuit of labour market flexibility and efficiency. In the EU, this subordination stemmed from institutional, legal, and political constraints existing at the time of the Directive’s adoption and subsequent review. In Poland, domestic and external pressures also privileged economic discourses and the adoption of EU norms enabled progressive flexibilization of the Polish working-time regime, while preserving opportunities for long work-hours. Although recent policy emphasis on equality and the promotion of work-family reconciliation for all workers is promising, curbing long hours and better incorporation of care work are required for socially sustainable and equal working-time regimes. / Graduate

The aim of this paper is to explain and compare non-compliance of two EU-directives, “the quality of bathing water” and “the working time directive”. This study answers the questions: Why didn’t Sweden implement the directive on bathing water quality and the working time directive correctly? Are the reasons for non-compliance the same or different in the two cases? The paper is designed as a case study and with an explanatory attempt we explain why the two directives weren’t implemented correctly in Sweden. The theoretical approach is based on both general- and EU-specific implementation theories. The reason why the directive on quality of bathing water wasn’t implemented correctly was firstly because of the differences between the Swedish political contents and the EU-directive’s, secondly the vague formulation that caused problems with understanding how to implement the directive. Third and lastly the implementation suffered from the lack of administrative resources. The working time directive had problems with the political contents and the resistance from the trade union and government, which caused delays with the implementation of the directive. By studying these two cases this paper concludes that there is only one point of similarity between the cases, i.e. the political contents.

This essay stresses the questions regarding whether or not the Swedish implementation of the European Union’s directive 2003/88/EG should be considered sufficient enough to fulfil the purpose of the scope of the directive. The essay will also consider the gender equality perspective regarding how different solutions concerning the organization of working time within two different collective agreements can give workers more or less favourable opportunities, amongst men and women.  The study of the Swedish legislation in relation to the directive shows that the way the directive has been implemented into the Swedish judicial system must be interpreted so that it is compatible with the purpose set out by the European Union. Despite this, the study spots an issue. The issue regarding how the regulations in both the directive, but also throughout the Swedish law are enunciated. The way the regulations are phrased bring on questions considering how far the European Union should be allowed to go regarding their right to control the Member States when it comes to legislation within their own countries. This raise the question regarding the interpretation of the autonomy of the Member States. The study also shows that the regulations within the collective agreements does not, alone, indicate a difference regarding more or less favourable conditions for men or women. Despite this, the study did show a difference regarding how the collective agreements emphasize different characteristics of the regulations as the most important ones. Which collective agreement provides the most favourable conditions regarding the promotion of equal rights for men and women must therefore be answered by every single individual themselves. Based on how they define gender equality and how the characteristics of the different agreements promote those aspects of gender equality.