Arbetstidsdireketivets påverkan av den svenska arbetstidslagen
I vilken utsträckning kan parterna på arbetsmarknaden stifta kollektivavtal?
Sweden became a member of the European Union in 1995. When Sweden entered the Union the government also agreed on implementing every law, regulation and directive the Union have and will have in force. One directive the Union wants every country to implement is the Directive (93/104/EG) concerning certain aspects of the organization of working time. This directive includes regulations concerning the relationship between employer and employees. The regulations in the directive must be in force before January 1 2007.One of the main points in the directive is the possibility for the parties on the labour market to reach agreements through collective agreements that deviate from the legislation concerning work hours. When the directive is a part of the Swedish law system the possibility for employer and employees to deviate from legislation concerning work hours in collective agreements will be limited through an EG-barrier. The EG-barrier sets a limit for the parties on the labour market to reach collective agreements if the agreement means worse conditions for the employees.The possibility for the parties on the labour market to abscond the legislation concerning work hours is regulated in the third paragraph in the legislation concerning work hours. This article describes what other articles the parties on the labour market can abscond from. If the collective agreement contains regulations which means worse conditions for the employees the agreement declared invalid and the employer will be liable for damages.The purpose of the essay is to examine in what extent the parties on the labour market can reach collective agreements after January 1, 2007.