Arbetstidsdirektivet 2003/88/EG och dess mottagande och följder i svensk sjukvård
EG-rättArbetsmiljöArbetstidslagenArbetstidsdirektiv 2003/88/EGSvensk sjukvårdJuridical scienceRättsvetenskapJuridikLaw and Political Science
Sweden became a member of the European Union in 1995. Consequently Sweden became obligated to implement the Working Time Directive 2003/88/EC (formerly termed 93/104/EC). At that time Sweden considered that their legislation already gave their employees as high level of protection as the directive prescribed. Instead they decided upon an adjustment of the collective agreements concerning working time. A particular EC-restriction was incorporated in the Working Hours Act (SFS 1982:673). That means that a term in an agreement is not allowed to be less advantageous, than what a term in the directive prescribes. The EC-commission considered the implementation of the directive as not being done correctly. They went to the EC-court, and Sweden lost. In July 1, 2005 the directive was implemented in Swedish legislation. The regulations were incorporated in the optional Working Hours Act. Because of binding collective agreements, the regulation was not affected until January 1, 2007. At the prospect of incorporation of the directive in Swedish legislation, there was a widespread concern, of how it would affect the Swedish hospital care. That?s why I wanted to study how the directive and the following legislation have been received in the Swedish hospital Care. A second question at issue is how the directive has affected the medical care. In order to find answers to these questions, I have interviewed representatives of four hospitals, of the employers´ association ?The Swedish Association of Local Authorities and Regions? and of the labour unions ?The Swedish Medical Association? and ?The Swedish Association of Health Professionals?. I have found that the employers in general have a negative attitude towards the implementation of the directive into Swedish legislation. They do not see the need of the directive, they find the regulations vague and especially they take a negative attitude to the directive's practice. Through collective agreements, the parties on the labour market want to get around the regulations. The question is on which level the agreement should be signed, on a central or a local level. ?The Swedish Association of Health Professionals? supports the implementation of the directive, but sees a problem with the application of the legislation. The employees within the Swedish hospital care have reacted with a strong sense of anxiety and anger at the situation that has arisen. Keywords: Working Time Directive 2003/88/EC, Working Time Act, Swedish Hospital Care, EC-law, work environment.