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”Man är inte för gammal bara för att man är äldre” - Är bestämmelserna om en arbetstagares rätt att kvarstå i anställning till 67 år enligt 32a & 33 §§ LAS förenliga med den nya diskrimineringsgrunden ålder?

Jystrand, Joakim (2010)
Department of Business Law
Abstract
The new Discrimination Act (2008:567) entered into force on 1 January 2009 and it is now illegal to discriminate a person based on age in Sweden. Earlier discrimination legislation had no rules regarding age but following the implementation of Directive 2000/78/EC Employment Framework came a comprehensive legislation on discrimination which contained the ban against discrimination on grounds of age. Discrimination due to age differs from other types of discrimination since everyone has an age. The concept of age discrimination is increasing awareness and Sweden are in the current situation facing the biggest retirement ever, while there will be a sharp increase in the number of pensioners relative to the number of professionals. This... (More)
The new Discrimination Act (2008:567) entered into force on 1 January 2009 and it is now illegal to discriminate a person based on age in Sweden. Earlier discrimination legislation had no rules regarding age but following the implementation of Directive 2000/78/EC Employment Framework came a comprehensive legislation on discrimination which contained the ban against discrimination on grounds of age. Discrimination due to age differs from other types of discrimination since everyone has an age. The concept of age discrimination is increasing awareness and Sweden are in the current situation facing the biggest retirement ever, while there will be a sharp increase in the number of pensioners relative to the number of professionals. This change in the population structure will lead to fewer professionals being required to provide for the growing number of elderly. While fewer children are born, life expectancy increases and improved health among older people, our society have for decades been able to observe falling labour force participation. A decrease in participation rates can be derived from employers’ generally negative attitudes towards older employees, higher work rate and reduced appreciation for the work being performed. The Swedish Employment Protection Act (1982:80) states that an employee is entitled to remain in employment until the end of the month in which he or she reaches the age of 67. Since the introduction of the prohibition against discrimination due to age, the question of whether or not an employer has the right to terminate, without cause, has been up to debate as well as the subject of employees wishing to continue working upon reaching 67 years of age. Will the future pensioners accept a notice without objective ground where age alone determines the time of termination? And is it appropriate to have a flexible retirement where workers are encouraged to work as long as they want to when the decision is made by the employers? This paper aims to provide an overview of the legal situation, both in the Swedish legislation, but also from a European Community law perspective. Cases involved age discrimination has been evident for the European Court of Justice and in the future it will be difficult to predict the Court’s views on how extensive or restrictive exceptional opportunities should be interpreted. It is vital to remember that in these cases society’s interest often are put up against the interest of companies and most often the interest of the individual. In order to motivate older workers to postpone the date of retirement it is necessary to get rid of the inflexible law that reflects the earlier retirement policy and at the same time society needs to recognize that the experiences and knowledge of older people is a huge asset. Experiences that way too often are overshadowed by the negative stereotypes that exist about older people at work. (Less)
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author
Jystrand, Joakim
supervisor
organization
year
type
H1 - Master's Degree (One Year)
subject
keywords
anställningsskydd, likabehandling, åldersdiskriminering, arbetslivsdirektivet, Juridical science, Rättsvetenskap, juridik
language
Swedish
id
1544599
date added to LUP
2010-02-11 00:00:00
date last changed
2010-08-03 10:53:03
@misc{1544599,
  abstract     = {The new Discrimination Act (2008:567) entered into force on 1 January 2009 and it is now illegal to discriminate a person based on age in Sweden. Earlier discrimination legislation had no rules regarding age but following the implementation of Directive 2000/78/EC Employment Framework came a comprehensive legislation on discrimination which contained the ban against discrimination on grounds of age. Discrimination due to age differs from other types of discrimination since everyone has an age. The concept of age discrimination is increasing awareness and Sweden are in the current situation facing the biggest retirement ever, while there will be a sharp increase in the number of pensioners relative to the number of professionals. This change in the population structure will lead to fewer professionals being required to provide for the growing number of elderly. While fewer children are born, life expectancy increases and improved health among older people, our society have for decades been able to observe falling labour force participation. A decrease in participation rates can be derived from employers’ generally negative attitudes towards older employees, higher work rate and reduced appreciation for the work being performed. The Swedish Employment Protection Act (1982:80) states that an employee is entitled to remain in employment until the end of the month in which he or she reaches the age of 67. Since the introduction of the prohibition against discrimination due to age, the question of whether or not an employer has the right to terminate, without cause, has been up to debate as well as the subject of employees wishing to continue working upon reaching 67 years of age. Will the future pensioners accept a notice without objective ground where age alone determines the time of termination? And is it appropriate to have a flexible retirement where workers are encouraged to work as long as they want to when the decision is made by the employers? This paper aims to provide an overview of the legal situation, both in the Swedish legislation, but also from a European Community law perspective. Cases involved age discrimination has been evident for the European Court of Justice and in the future it will be difficult to predict the Court’s views on how extensive or restrictive exceptional opportunities should be interpreted. It is vital to remember that in these cases society’s interest often are put up against the interest of companies and most often the interest of the individual. In order to motivate older workers to postpone the date of retirement it is necessary to get rid of the inflexible law that reflects the earlier retirement policy and at the same time society needs to recognize that the experiences and knowledge of older people is a huge asset. Experiences that way too often are overshadowed by the negative stereotypes that exist about older people at work.},
  author       = {Jystrand, Joakim},
  keyword      = {anställningsskydd,likabehandling,åldersdiskriminering,arbetslivsdirektivet,Juridical science,Rättsvetenskap, juridik},
  language     = {swe},
  note         = {Student Paper},
  title        = {”Man är inte för gammal bara för att man är äldre” - Är bestämmelserna om en arbetstagares rätt att kvarstå i anställning till 67 år enligt 32a & 33 §§ LAS förenliga med den nya diskrimineringsgrunden ålder?},
  year         = {2010},
}