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Social Security of the Self-employed in Sweden. A normative analysis.

Engblom, Samuel (1999)
Department of Law
Abstract
The overall objective of this study is to identify the normative contents of the legal rules shaping the status of self-employed workers in the Swedish social security system and how these contents change when underlying condition governing employment change. In order to achieve this objective it is first of all necessary to put social security and self-employment into their societal context. Secondly, the basic characteristics of self-employed workers, and the differences between self-employed workers and employees relevant to social security, have to be identified. Thirdly, a brief description of the status of self-employed workers in Swedish social security schemes, with focus on the relevant differences between self-employed and... (More)
The overall objective of this study is to identify the normative contents of the legal rules shaping the status of self-employed workers in the Swedish social security system and how these contents change when underlying condition governing employment change. In order to achieve this objective it is first of all necessary to put social security and self-employment into their societal context. Secondly, the basic characteristics of self-employed workers, and the differences between self-employed workers and employees relevant to social security, have to be identified. Thirdly, a brief description of the status of self-employed workers in Swedish social security schemes, with focus on the relevant differences between self-employed and employees, is needed. To achieve an overall view of the normative contents of the regulations in the social security system, the studied schemes will be compared to each other. The method used for the analysis of the legal material is the theoretical model of Basic Normative Patterns within the Social Dimension of Law. The study is not an overall description of the protection against social risks offered to, or used by, self-employed workers, e.g. are private insurance schemes not included. Instead it is aimed at three mandatory social security schemes: sickness benefit, unemployment benefit and old-age pension. These three schemes are chosen on the basis of their importance in the social security system and on the fact that they represent different kinds of labour market related social risks. The study begins with a theoretical background, putting social security and self-employment in its societal context and introducing the model of Normative Patterns and the Normative field and basic theories of labour market flexibility (Chapters 2 and 3). In Chapter 4 the notion of self-employment and the differences between self-employed workers and employees relevant to social security are identified. Chapter 5 contains a very brief overview over the occurrence of self-employment, including statistics and factors that in different fields of the social sciences are seen as determinants of self-employment. Positive Swedish law is examined in Chapters 6-9 beginning with the concept of employee in Swedish law, followed by the sickness benefit, the unemployment benefit and old age pensions. Chapter 10 contains a general analysis of the social security of the self-employed in Sweden. Finally, an analysis using the model of Normative Patterns and the Normative Field is made, including predictions of the future development. This study represents research in progress. The final objective is to make a comparative study of a number of European countries, representing different welfare state regimes, and of European Community law. Some sections of the study are therefore in a preliminary version. (Less)
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author
Engblom, Samuel
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Arbetsrätt
language
English
id
1557187
date added to LUP
2010-03-08 15:55:20
date last changed
2010-03-08 15:55:20
@misc{1557187,
  abstract     = {The overall objective of this study is to identify the normative contents of the legal rules shaping the status of self-employed workers in the Swedish social security system and how these contents change when underlying condition governing employment change. In order to achieve this objective it is first of all necessary to put social security and self-employment into their societal context. Secondly, the basic characteristics of self-employed workers, and the differences between self-employed workers and employees relevant to social security, have to be identified. Thirdly, a brief description of the status of self-employed workers in Swedish social security schemes, with focus on the relevant differences between self-employed and employees, is needed. To achieve an overall view of the normative contents of the regulations in the social security system, the studied schemes will be compared to each other. The method used for the analysis of the legal material is the theoretical model of Basic Normative Patterns within the Social Dimension of Law. The study is not an overall description of the protection against social risks offered to, or used by, self-employed workers, e.g. are private insurance schemes not included. Instead it is aimed at three mandatory social security schemes: sickness benefit, unemployment benefit and old-age pension. These three schemes are chosen on the basis of their importance in the social security system and on the fact that they represent different kinds of labour market related social risks. The study begins with a theoretical background, putting social security and self-employment in its societal context and introducing the model of Normative Patterns and the Normative field and basic theories of labour market flexibility (Chapters 2 and 3). In Chapter 4 the notion of self-employment and the differences between self-employed workers and employees relevant to social security are identified. Chapter 5 contains a very brief overview over the occurrence of self-employment, including statistics and factors that in different fields of the social sciences are seen as determinants of self-employment. Positive Swedish law is examined in Chapters 6-9 beginning with the concept of employee in Swedish law, followed by the sickness benefit, the unemployment benefit and old age pensions. Chapter 10 contains a general analysis of the social security of the self-employed in Sweden. Finally, an analysis using the model of Normative Patterns and the Normative Field is made, including predictions of the future development. This study represents research in progress. The final objective is to make a comparative study of a number of European countries, representing different welfare state regimes, and of European Community law. Some sections of the study are therefore in a preliminary version.},
  author       = {Engblom, Samuel},
  keyword      = {Arbetsrätt},
  language     = {eng},
  note         = {Student Paper},
  title        = {Social Security of the Self-employed in Sweden. A normative analysis.},
  year         = {1999},
}