Ignoring Facts of a Case to Avoid a CJEU Ruling on a Form of Fixed-term Employment Regulated in a Swedish Collective Agreement? : Case Note on Swedish Labour Court Case No. 33, 2023 (AD 2023:33)
Hartzén, Ann-Christine LU
(2023)
In European Labour Law Journal
- Abstract
- This case note discusses Swedish Labour Court case No. 33 of 2023 (AD 2023:33). The case involved a fixed-term worker employed as a personal assistant under a specific form of fixed-term contract regulated by collective agreement. The trade union sought to have the employment contract converted into a contract of indefinite duration and the form of fixed-term employment used to be declared invalid. Furthermore, it requested that the court should seek a preliminary ruling on whether the specific situation and conditions of work in the case could be considered objective reasons in accordance with clause 5(1)(a) of the Fixed-Term Framework Agreement. The Swedish Labour Court decided that the Fixed-Term Work Directive was not applicable in the... (More)
- This case note discusses Swedish Labour Court case No. 33 of 2023 (AD 2023:33). The case involved a fixed-term worker employed as a personal assistant under a specific form of fixed-term contract regulated by collective agreement. The trade union sought to have the employment contract converted into a contract of indefinite duration and the form of fixed-term employment used to be declared invalid. Furthermore, it requested that the court should seek a preliminary ruling on whether the specific situation and conditions of work in the case could be considered objective reasons in accordance with clause 5(1)(a) of the Fixed-Term Framework Agreement. The Swedish Labour Court decided that the Fixed-Term Work Directive was not applicable in the case and that there was no reason to ask for a preliminary ruling. This case note discusses the outcome of the case and the reasoning of the Swedish Labour Court of specific interest in relation to the Fixed-Term Work Directive. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/b6e33055-20fd-4f0d-8f9a-8f75b3b0ef0b
- author
- Hartzén, Ann-Christine
LU
- organization
- publishing date
- 2023
- type
- Contribution to journal
- publication status
- epub
- subject
- keywords
- fixed-term work, EU law, Fixed-term work, Swedish Labour Court, Fixed-term Work Directive, Swedish social partners, Swedish collective agreement, personal assistants, bjective reasons
- in
- European Labour Law Journal
- publisher
- SAGE Publications
- external identifiers
-
- scopus:85180167270
- ISSN
- 2031-9525
- DOI
- 10.1177/20319525231219665
- language
- English
- LU publication?
- yes
- id
- b6e33055-20fd-4f0d-8f9a-8f75b3b0ef0b
- date added to LUP
- 2023-11-24 14:26:51
- date last changed
- 2024-01-09 15:27:53
@article{b6e33055-20fd-4f0d-8f9a-8f75b3b0ef0b,
abstract = {{This case note discusses Swedish Labour Court case No. 33 of 2023 (AD 2023:33). The case involved a fixed-term worker employed as a personal assistant under a specific form of fixed-term contract regulated by collective agreement. The trade union sought to have the employment contract converted into a contract of indefinite duration and the form of fixed-term employment used to be declared invalid. Furthermore, it requested that the court should seek a preliminary ruling on whether the specific situation and conditions of work in the case could be considered objective reasons in accordance with clause 5(1)(a) of the Fixed-Term Framework Agreement. The Swedish Labour Court decided that the Fixed-Term Work Directive was not applicable in the case and that there was no reason to ask for a preliminary ruling. This case note discusses the outcome of the case and the reasoning of the Swedish Labour Court of specific interest in relation to the Fixed-Term Work Directive.}},
author = {{Hartzén, Ann-Christine}},
issn = {{2031-9525}},
keywords = {{fixed-term work; EU law; Fixed-term work; Swedish Labour Court; Fixed-term Work Directive; Swedish social partners; Swedish collective agreement; personal assistants; bjective reasons}},
language = {{eng}},
publisher = {{SAGE Publications}},
series = {{European Labour Law Journal}},
title = {{Ignoring Facts of a Case to Avoid a CJEU Ruling on a Form of Fixed-term Employment Regulated in a Swedish Collective Agreement? : Case Note on Swedish Labour Court Case No. 33, 2023 (AD 2023:33)}},
url = {{http://dx.doi.org/10.1177/20319525231219665}},
doi = {{10.1177/20319525231219665}},
year = {{2023}},
}