Arbetsgivares primära förhandlingsskyldighet enligt 11 § medbestämmandelagen
Primär förhandlingsskyldighetVerksamhetsfalletViktigare förändringTillämpningsområdenArbetstagarfalletJuridical scienceRättsvetenskapJuridikLaw and Political Science
The employer is obligated to call for negotiation on his own initiative, before he makes decisions in questions, which constitute important changes of the employer?s business or of the worker?s working conditions and terms of employment. The obligation to negotiate is reserved to the organisations, which the employer has collective agreements with. But what does the concept of important changes mean? What areas are included in the concept of important changes, according to legal framework and case law? How extensive is in fact the employer?s obligation to negotiate? The purpose of this report has been to seek answers to the above-mentioned questions, through partly describing how the employer?s obligation to negotiate has developed, and partly describing how the codes of negotiations in the Employment (Co-Determination in the Workplace) Act of 1976 are raised and applied. Seven legal cases have also been studied to seek answers to the questions. The result has shown that the concept of important changes, according to the legislator and case law, is relatively unclear. The legal framework gives only a general description of the areas which are to be included in the concept. It was left to case law to evolve the code?s application. When the Swedish Labour Court has chosen a freer standpoint to the code?s wording, the areas that are included in the concept have been extensive. Thereby the employer?s obligation to negotiate has come to be extensive. It is hard to make a real conclusion about which areas are included in the concept of important changes, since they vary from case to case and are depending on how the Swedish Labour Court judges on each individual case.