<p>Directive 96/71/EC concerning the posting of workers in the framework of the provision of services has as its main purpose to prevent social dumping throughout the European Union. This stated purpose is obtained by establishing conditions that posting employers have to comply with regarding for example wages. These conditions will be implemented in the Member States through laws, collective agreements or arbitrations that has general effect. Previously the implementation of a directive through a collective agreement has not been allowed but with this new directive even the Swedish model of collective agreements has been accepted as a method of implementation.</p><p>Most of the regulations in the Directive have been implemented in the Swedish law on posted workers. In this law there are references to already existing Swedish legislation regarding the different areas.</p><p>Rules concerning minimum wages are found in the Swedish collective agreements, as Swedish legislation regarding this area, do not exist. In the Swedish law on posted workers there are no references that refer to the collective agreements in these matters. There are however rules stipulating that Arbetsmiljöverket, the Swedish office of relations, will give needed information concerning the employment- regulations that have to be applied when sending posted workers in Sweden. Companies that are interested in sending posted workers to Sweden will have to contact Arbetsmil-jöverket in order to get information about the applicable collective agreements and minimum wages. Arbetsmiljöverket has however recieved critique for not fulfilling this responsibility in a satisfying way.</p><p>When foreign employers arrive to Sweden with posted workers they mostly sign a local collective agreement in order to be bound by the conditions stated there. Foreign employers also have the possibility to get a temporary membership in a Swedish employers’ association in order to be bound by the collective agreement that already exists between the association and the corresponding employee association. The employers’ association, above all Teknikföretagen, has recieved critique from the Swedish unions for allowing temporary memberships in their organisations. The unions find that they, in those situations, lack satisfying opportunities to control the foreign employers.</p><p>If a foreign employer refuses to sign a Swedish labour contract, the union may take offensive action to force the employer to sign the contract. According to the rules of Lex Britannia, the union also has the possibility to force foreign employers to sign a labour contract although they might already be bound to a contract in their native country. These rules have received a great deal of criticism for being contrary to EC-law. Most recently the issue was raised in the “Vaxholm-case”. This case made the Swedish labour court request a preliminary ruling from the European Court of Justice, in accordance with article 234 in the EC-treaty.</p><p>It is difficult to ensure that foreign employers do not breach the Swedish labour con-tracts they have signed, for example by not paying the salaries they are obliged to pay. According to § 19 MBL, the Swedish union has the right to collect information from the employer if their employees are members of the union. This has caused problems when it comes to posted workers since it is very rare that they are members of a Swedish union. There is a proposal to extend the § 19 MBL. If the proposal is accepted the Swedish union will also be allowed to control employees that are employed by a company even if they are not members of the union.</p><p>An alternative to the Swedish system of collective contract is the system of contract with general effect that is used in Finland. Finland has a labour legislation that is relatively similar to the Swedish legislation. Both sides on the Swedish labour market are however satisfied with the Swedish system. The system allows great amount of flexi-bility as it is not influenced by the Swedish government.</p><p>The current Swedish system sufficiently guarantees minimum wages to posted workers. With some changes the system could however become even better. Arbetsmiljöverket must, for example, control that the information given is enough and also that it is understandable for foreign employers. If the suggested changes in the 19 § of MBL will be accepted, the Swedish system will become even more secure regarding the possibility of guaranteeing minimum wages to posted workers.</p>
| Identifer | oai:union.ndltd.org:UPSALLA/oai:DiVA.org:hj-228 |
| Date | January 2005 |
| Creators | Eriksson, Kristin, Andersson, Eva |
| Publisher | Jönköping University, JIBS, Commercial Law, Jönköping University, JIBS, Commercial Law |
| Source Sets | DiVA Archive at Upsalla University |
| Language | Swedish |
| Detected Language | English |
| Type | Student thesis, text |
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