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Arbetsgivarens förhandlingsskyldighet - En balans mellan arbetsgivarens förhandlingsskyldighet och arbetstagarens rätt till medbestämmande i enlighet med MBL

Akins, William LU and Werner, Andrew LU (2025) HARH16 20242
Department of Business Law
Abstract (Swedish)
In a labor market increasingly defined by global competition, technological advancements and the need for organizational agility, the Swedish Co-Determination Act (Medbestämmandelagen, MBL) plays a pivotal role in balancing employers’ need for flexibility with employees’ right to influence decisions affecting their work conditions. Section 11 of MBL, which regulates the employer’s duty to negotiate prior to significant operational or employment-related changes, remains a cornerstone of this legal framework. This obligation to negotiate raises complex interpretative questions regarding what constitutes "significant changes" (viktigare förändring) and when "extraordinary circumstances" (synnerliga skäl) might justify exceptions.
Using a... (More)
In a labor market increasingly defined by global competition, technological advancements and the need for organizational agility, the Swedish Co-Determination Act (Medbestämmandelagen, MBL) plays a pivotal role in balancing employers’ need for flexibility with employees’ right to influence decisions affecting their work conditions. Section 11 of MBL, which regulates the employer’s duty to negotiate prior to significant operational or employment-related changes, remains a cornerstone of this legal framework. This obligation to negotiate raises complex interpretative questions regarding what constitutes "significant changes" (viktigare förändring) and when "extraordinary circumstances" (synnerliga skäl) might justify exceptions.
Using a legal dogmatic method, this study examines statutory provisions, preparatory works, case law and academic commentary to explore how these terms are interpreted and applied in practice. The analysis highlights the challenges faced by employers in fulfilling their negotiation obligations, especially in situations requiring flexibility and speed, and the corresponding rights of employees to meaningful participation in workplace decisions. Particular attention is given to how the courts have clarified these terms through case law, balancing the employer’s operational freedom with the employees’ rights to co-determination.
The findings of this thesis contribute to a deeper understanding of the complexities surrounding the negotiation obligation under the MBL and its implications for labor relations in Sweden. By shedding light on theoretical and practical issues, this study offers insights into how employers can navigate the legal requirements while respecting employees’ participatory rights. (Less)
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author
Akins, William LU and Werner, Andrew LU
supervisor
organization
course
HARH16 20242
year
type
M2 - Bachelor Degree
subject
keywords
synnerliga skäl, viktigare förändringar, förhandlingsskyldighet, arbetsledningsrätt, Medbestämmandelagen (MBL)
language
Swedish
id
9181704
date added to LUP
2025-01-21 15:21:07
date last changed
2025-01-21 15:21:07
@misc{9181704,
  abstract     = {{In a labor market increasingly defined by global competition, technological advancements and the need for organizational agility, the Swedish Co-Determination Act (Medbestämmandelagen, MBL) plays a pivotal role in balancing employers’ need for flexibility with employees’ right to influence decisions affecting their work conditions. Section 11 of MBL, which regulates the employer’s duty to negotiate prior to significant operational or employment-related changes, remains a cornerstone of this legal framework. This obligation to negotiate raises complex interpretative questions regarding what constitutes "significant changes" (viktigare förändring) and when "extraordinary circumstances" (synnerliga skäl) might justify exceptions.
Using a legal dogmatic method, this study examines statutory provisions, preparatory works, case law and academic commentary to explore how these terms are interpreted and applied in practice. The analysis highlights the challenges faced by employers in fulfilling their negotiation obligations, especially in situations requiring flexibility and speed, and the corresponding rights of employees to meaningful participation in workplace decisions. Particular attention is given to how the courts have clarified these terms through case law, balancing the employer’s operational freedom with the employees’ rights to co-determination.
The findings of this thesis contribute to a deeper understanding of the complexities surrounding the negotiation obligation under the MBL and its implications for labor relations in Sweden. By shedding light on theoretical and practical issues, this study offers insights into how employers can navigate the legal requirements while respecting employees’ participatory rights.}},
  author       = {{Akins, William and Werner, Andrew}},
  language     = {{swe}},
  note         = {{Student Paper}},
  title        = {{Arbetsgivarens förhandlingsskyldighet - En balans mellan arbetsgivarens förhandlingsskyldighet och arbetstagarens rätt till medbestämmande i enlighet med MBL}},
  year         = {{2025}},
}