In this thesis, the author examines the. extent to which the Swedish Labour Courtaccords significance to individual employment contracts, and other factors personal tothe employer and employee, in determining the content of the employmentrelationship (i.e. the rights and duties of the parties).
The first task is to establish the limits of the parties' freedom of contract. Rulesprovided for by statute, collective agreement and case law may be either mandatory ordefault rules. A default rule governs the parties' relationships unless they, explicitly orimplicitly, contract out of it. The question here is how to determine whether aparticular rule is mandatory or a default rule.
Even mandatory rules, however, can leave a certain amount of space for individualcontracts. Normally, a mandatory rule is only aimed at contractual clauses whichinvolve disadvantages for one party. In addition, the mandatory character of the ruleusually ceases at a certain point of time, e.g. when the right which the rule grants oneof the parties has come into being.
When the default character of a rule has been confirmed, the next question is underwhich circumstances the parties to an individual employment contract can be assumedto have exercised their right to diverge from that which is set out in the rub.
These are the central legal questions in the thesis. The main place to look for answersto these questions is in the case law of the Labour Court. This collected case law isexamined with three different purposes in mind. The primary purpose is to analyse thecontent of the law as it is today (the lex lata). A second purpose is to compare thesolutions reached in the case law of the Labour Court in this area to those reached inother areas of the law of contracts. Finally, an attemt is made to shed tight on theunderlying goals of the case law of the Labour Court, in other words, the valueswhich this case law seeks to protect.
Uppsala: Acta Universitatis Upsaliensis , 1997. , 413 p.