The subject of this study is transfer of undertakings and employment protection in cases of outsourcing. The aim of the study is to examine how the Swedish law in the area relates to the EU law. This is done by comparing the Swedish case law of Arbetsdomstolen to the case law of the Court of Justice of the European Union and by critically reviewing the case law of Arbetsdomstolen from a gender perspective. The method used for this study is a doctrinal research method. This is supplemented with a social science perspective. Cases of outsourcing are often complex and have given rise to a lot of case law from both the Court of Justice of the EU and Arbetsdomstolen. Arbetsdomstolen has furthermore been subject to criticism for interpreting the EU directive too independently and for being too employer friendly. The results of the study show that Arbetsdomstolens assessments are different from the Court of Justice of the EU assessments in some aspects. Both courts, but Arbetsdomstolen in particular, distinguishes between undertakings that are based on material assets and undertakings that are based on personnel assets. Case law shows that a transfer of undertaking is more likely to occur when it concerns an undertaking based on material assets. This means that Arbetsdomstolens assessments are unfavorable for employees working in undertakings based on personnel. The conclusion is therefore that, since the Swedish labor market is gender segregated, the employment protection is stronger for men than for women.

Transfer of Undertakings Abstract This thesis elaborates on the transfer of undertakings safeguarding employees, rooted in the European legislation in the Council Directive 77/187/EEC of 19 February 1977, replaced by the Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses. Firstly, the European legislation on the transfer of undertakings is briefly analyzed, including its historical transposition into the Czech legal system and an analysis of its interpretation in the case-law of the Court of Justice of the European Union. The analysis of this legislation focuses in particular on the general nature of this institute of transfer of undertakings and on its basic pillars, such as the automaticity of the transfer, the economic unit preserving its identity, the preservation of working conditions and others. The next part of the thesis analyses the Czech regulation anchored in Act No. 262/2006 Coll., the Labour Code, as amended until 29 July 2020, which is gradually compared with the regulation at the European level, highlighting the fundamental differences caused by the somewhat loose transposition of the European regulation...