Documents Malmberg, Jonas 9 results

"Using longitudinal data on labour law in France, Germany, Japan, Sweden, the United Kingdom and the United States over the period 1970–2010, the authors estimate the impact of labour regulation on unemployment and the labour share of national income. Their dynamic panel data analysis distinguishes between the short-run and long-run effects of regulatory change. They find that worker-protective labour laws in general have no consistent relationship to unemployment but are positively correlated with labour's share of national income. Laws specifically relating to working time and employee representation are found to have beneficial effects on both efficiency and distribution thus proxied. "

"The Court of Justice of the European Union (ECJ) has made it clear that collective action taken by trade unions under certain circumstances might violate the freedom of services and the right of establishment under the Treaty (Articles 49 and 56 TFEU). However, the Court has not addressed the issue of which remedies are to be available against a trade union arranging such an "EU-unlawful" collective action. This question was dealt with by the Swedish Labour Court (Arbetsdomstolen) in its final judgment in December 2009. The article discusses this judgment and presents an alternative understanding of the EU law requirements concerning remedies for EU-unlawful collective actions."

"This article deals with the rules designed to enforce European Union labour law in the workplace. Directives do not normally provide specific rules on procedures and sanctions according to which their substantive provisions are to be enforced. Instead, domestic rules are to be applied. The European Court of Justice, however, has developed some requirements that limit the autonomy of the Member States in this area. The aim of this article is to evaluate the principle of effective enforcement in the field of labour law, in the light of actual enforcement procedures in the Member States."

"The EC Transfer of Undertakings Directive (2001/23/EC) aims to protect the position of employees in the case of a transfer of undertaking. This paper discusses the way in which the Directive is to be applied to cross-border transfers of undertakings. The analysis indicates that, in principle, the Directive is applicable to such transfers. Since the Directive must be implemented under national law, this involves different national rules for transfers of undertakings, even if they are harmonised to some extent. As a result, one key issue concerns which country?s law is to apply and which country?s courts have jurisdiction to hear disputes arising from cross-border transfers."

"The Vaxholm (or Laval) case concerns an industrial action undertaken on a building site in Vaxholm, a town not far from Stockholm, Sweden. The work was performed by Latvian workers employed by a Latvian company. In order to put pressure on the company to conclude a collective agreement the Swedish Building workers' union initiated industrial action, including a ban on all building and installation. This blockade was supported by the Electricians' Union through a secondary action. Both the primary and the secondary actions were lawful under Swedish law. The case raises the question whether the industrial action or Swedish law is contrary to Community law on the free movement of services or the Posted Workers Directive. The case is now pending before the European Court of Justice (ECJ). The aim of this article is to present the background and context of the Vaxholm case for a non-Swedish audience and to outline the main issues of legal interpretation at stake, as well as their background in the Swedish industrial relations system and in Swedish and European law. The authors also point to some probable solutions in the light of earlier case-law of the ECJ."