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The Platform Directive: The end of the Swedish model for labour market regulation?: A study on the EU’s impact on the Swedish model for labour market regulation
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
2022 (English)Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
Abstract [en]

It is commonly believed that Sweden’s EU membership poses a threat to the survival of the Swedish model for labour market regulation. The Swedish model for labour market regulation assumes that the social partners, by means of collective agreement, can regulate the Swedish labour market. The state has traditionally taken on a more secondary role as regulator in the country. However, since Sweden’s accession to the EU in 1995, the state has been required to take on a more active role as regulator as EU initiatives have required legislative action at Member State level. Because of the primacy of EU law, the upped legislative activity in the labour law field limits what the social partners can and cannot regulate in collective agreements. Due to the nature of the Swedish model, EU initiatives can threaten the survival of the model insofar these initiatives do not allow for deviations through collective agreements or national exceptions. Possibly posing such a threat to the Swedish model is the European Commission’s proposal for a directive on improving working conditions in platform work that was proposed by the Commission in December of 2021. The proposal aims to improve the working conditions of platform workers through legislative measures, but its lack of semi-discretion, i.e., the inability to deviate from the directive by concluding collective agreements, is problematic from a Swedish perspective. The proposal has in this thesis been used as a case study to show how an action taken at EU level can challenge the Swedish model. The findings of my contribution show that the Platform Directive challenges the Swedish model in three main ways. These challenges consist of the risk of watering down the Swedish concept of employee, the risk of limiting the social partners’ power in the field of platform work and the risk of limiting the social partners’ room for negotiation and incentive to conclude collective agreements.

Place, publisher, year, edition, pages
2022. , p. 59
National Category
Law
Identifiers
URN: urn:nbn:se:uu:diva-493348OAI: oai:DiVA.org:uu-493348DiVA, id: diva2:1726263
Educational program
Law Programme
Supervisors
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Available from: 2023-02-09 Created: 2023-01-12 Last updated: 2023-02-09Bibliographically approved

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CiteExportLink to record
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Citation style
  • apa
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