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Sympatiåtgärder som mänsklig rättighet? En komparativ studie om erkännandet nationellt och internationellt

Kjellner, Fanny LU (2014) HARP23 20141
Department of Business Law
Abstract
The current rules concerning the right to take industrial action were established in the early 1900s and are still an issue governed by the labour market organizations. In Sweden, the right to take industrial action is protected by constitutional law, which also includes sympathy actions. Limitations can only be made by law or particular agreements. In order to adapt to the current conditions, negotiations for a new Basic Agreement between Svenskt Näringsliv, LO and PTK 2008, where made, however it was unsuccessful and the Swedish trade unions still continue to maintain a strong position in comparison with the countries compared, concerning the right to take industrial actions.

There are few similarities regarding the regulation of... (More)
The current rules concerning the right to take industrial action were established in the early 1900s and are still an issue governed by the labour market organizations. In Sweden, the right to take industrial action is protected by constitutional law, which also includes sympathy actions. Limitations can only be made by law or particular agreements. In order to adapt to the current conditions, negotiations for a new Basic Agreement between Svenskt Näringsliv, LO and PTK 2008, where made, however it was unsuccessful and the Swedish trade unions still continue to maintain a strong position in comparison with the countries compared, concerning the right to take industrial actions.

There are few similarities regarding the regulation of sympathy action with other EU member countries. In Britain sympathy actions are banned by the Trade Union and Labour Relations (Consolidation) Act 1992 and in Denmark there are requirements of proportionality and interest associated. Such restrictions are alien to the Swedish model. However, Sweden is also bound by EU law, which affects the national regulations. The Laval case highlighted the problem between the balance of the right to take collective action and the free movements of services, which resulted in new legislation for Sweden in order to comply with EU law.

Sweden, Denmark and the UK are all obliged to follow the EU Charter, European Convention, the European Social Charter and ILO Convention 87. However there is no explicit right to sympathy action in either of these. Conclusions can be drawn that the EU Charter, the European Social Charter and ILO Convention 87 includes an implicit protection, while the right to strike has no explicit protection in either the European Convention or ILO Convention 87. Trade union rights to take collective action hold no absolute protection and can be limited. Both the ILO's supervisory bodies as well as the Council of Europe’s European Committee of Social Rights have stated that a ban on sympathy action is not consistent with the convention or the Charter, resulting in sympathy actions indirectly acquiring the status of human rights. (Less)
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author
Kjellner, Fanny LU
supervisor
organization
course
HARP23 20141
year
type
H2 - Master's Degree (Two Years)
subject
keywords
proportionalitetsprincipen, proportionalitet, strejk, fackliga rättigheter, kollektiva åtgärder, stridsåtgärder, sympathy actions, sympatiåtgärder, likabehandling, fredsplikt, Laval, Gustafsson
language
Swedish
id
4461645
date added to LUP
2014-06-16 17:25:21
date last changed
2014-06-16 17:25:21
@misc{4461645,
  abstract     = {The current rules concerning the right to take industrial action were established in the early 1900s and are still an issue governed by the labour market organizations. In Sweden, the right to take industrial action is protected by constitutional law, which also includes sympathy actions. Limitations can only be made by law or particular agreements. In order to adapt to the current conditions, negotiations for a new Basic Agreement between Svenskt Näringsliv, LO and PTK 2008, where made, however it was unsuccessful and the Swedish trade unions still continue to maintain a strong position in comparison with the countries compared, concerning the right to take industrial actions.

There are few similarities regarding the regulation of sympathy action with other EU member countries. In Britain sympathy actions are banned by the Trade Union and Labour Relations (Consolidation) Act 1992 and in Denmark there are requirements of proportionality and interest associated. Such restrictions are alien to the Swedish model. However, Sweden is also bound by EU law, which affects the national regulations. The Laval case highlighted the problem between the balance of the right to take collective action and the free movements of services, which resulted in new legislation for Sweden in order to comply with EU law.

Sweden, Denmark and the UK are all obliged to follow the EU Charter, European Convention, the European Social Charter and ILO Convention 87. However there is no explicit right to sympathy action in either of these. Conclusions can be drawn that the EU Charter, the European Social Charter and ILO Convention 87 includes an implicit protection, while the right to strike has no explicit protection in either the European Convention or ILO Convention 87. Trade union rights to take collective action hold no absolute protection and can be limited. Both the ILO's supervisory bodies as well as the Council of Europe’s European Committee of Social Rights have stated that a ban on sympathy action is not consistent with the convention or the Charter, resulting in sympathy actions indirectly acquiring the status of human rights.},
  author       = {Kjellner, Fanny},
  keyword      = {proportionalitetsprincipen,proportionalitet,strejk,fackliga rättigheter,kollektiva åtgärder,stridsåtgärder,sympathy actions,sympatiåtgärder,likabehandling,fredsplikt,Laval,Gustafsson},
  language     = {swe},
  note         = {Student Paper},
  title        = {Sympatiåtgärder som mänsklig rättighet? En komparativ studie om erkännandet nationellt och internationellt},
  year         = {2014},
}