Change search
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf
Tysta regleringar i kollektivavtal
Jönköping University, Jönköping International Business School, JIBS, Commercial Law.
2012 (Swedish)Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE creditsStudent thesis
Abstract [en]

The collective agreement contains many important provisions concerning the relationship between employers and employees. When a collective agreement applies in the workplace, both employers and employees are bound by it. However, only employers of those two, can take part in the collective agreement, and therefore negotiate the content of it.

The purpose of this study is to answer the following question: Why are rules that has been interpreted in collective agreements not expressed in writing? Therefore, the Swedish collective agreement system will be examined, and a distinction between types of silent regulations will be made to find causes. The potential for workers to act on a collective agreement with quiet regulations will also be examined.

Collective agreements are signed on three levels: central, union and local levels. Expressing interpreted rules in writing in collective agreements at all levels would require much time and money. But a rule that seeks to require the employee obligations, and that is not expressed in writing, may result in the employee commits a collective crime. A collective crime may raise liability to the counterparty.

Interpretation of silent regulations is mainly relevant for the peace obligation. To commence action of conflict is the parties' way to force the result they want of the counterparty. If the parties control all the relations between them in detail to increase the predictability and stability in collective agreement relationships, the reasons for taking actions of conflict are to be fewer and the peace obligation is given greater extent. That the peace obligation is given greater extent is therefore a reason why interpreted rules are not expressed in writing. Silent regulations are to some extent so obvious and accepted obligations that one can assume that the worker has a good sense to recognize the rights and responsibilities he or she has. A reason to bring interpreted rules in collective agreements in writing does therefore not exist.

Place, publisher, year, edition, pages
2012. , p. 34
Keywords [sv]
Kollektivavtal, tysta regleringar, tyst avtalsklausul, rättsregel
National Category
Social Sciences
Identifiers
URN: urn:nbn:se:hj:diva-18643OAI: oai:DiVA.org:hj-18643DiVA, id: diva2:536850
Subject / course
IHH, Commercial Law
Uppsok
Social and Behavioural Science, Law
Supervisors
Examiners
Available from: 2012-07-06 Created: 2012-06-25 Last updated: 2012-07-06Bibliographically approved

Open Access in DiVA

fulltext(390 kB)971 downloads
File information
File name FULLTEXT01.pdfFile size 390 kBChecksum SHA-512
9d7f3d12bf275090fc283ef07857eb88b48ca98e09641bb5d41737c66cc69360a22c1f41cd24d285780cadf18b937366fc1e0976f5e79d410e1e62cdd670e6bb
Type fulltextMimetype application/pdf

By organisation
JIBS, Commercial Law
Social Sciences

Search outside of DiVA

GoogleGoogle Scholar
Total: 975 downloads
The number of downloads is the sum of all downloads of full texts. It may include eg previous versions that are now no longer available

urn-nbn

Altmetric score

urn-nbn
Total: 248 hits
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf