IDEAS home Printed from https://ideas.repec.org/a/sae/ecoind/v37y2016i1p23-42.html

Social dumping cases in the Swedish Labour Court in the wake of Laval, 2004–2010

Author

Listed:
  • Erik Bengtsson

Abstract

This article studies conflicts in the Swedish Labour Court that have occurred between trade unions and companies concerning the pay and working conditions for European Union migrant workers in Sweden during the period 2004–2010. During this period, unions and employers entered into disputes over: unions’ rights in Sweden to be consulted when a company uses a subcontractor, the definition of an employee (the issue of ‘bogus self-employment’), the application of Swedish collective bargaining agreements to and for workers active in Sweden, how to determine wages for temporary staffing agency workers, and workers’ rights to join a trade union. The article discusses the conflicts in the context of a widespread concern about ‘social dumping’ in the European Union, and in the context of weakening trade unions and institutional change in labour markets.

Suggested Citation

  • Erik Bengtsson, 2016. "Social dumping cases in the Swedish Labour Court in the wake of Laval, 2004–2010," Economic and Industrial Democracy, Department of Economic History, Uppsala University, Sweden, vol. 37(1), pages 23-42, February.
    • Handle: RePEc:sae:ecoind:v:37:y:2016:i:1:p:23-42
    DOI: 10.1177/0143831X14532855
    as

    Download full text from publisher

    File URL: https://journals.sagepub.com/doi/10.1177/0143831X14532855
    Download Restriction: no
    File URL: https://libkey.io/10.1177/0143831X14532855?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Nathan Lillie, 2012. "Subcontracting, Posted Migrants and Labour Market Segmentation in Finland," British Journal of Industrial Relations, London School of Economics, vol. 50(1), pages 148-167, March.
    2. Kerstin Ahlberg & Niklas Bruun & Jonas Malmberg, 2006. "The Vaxholm case from a Swedish and European perspective," Transfer: European Review of Labour and Research, , vol. 12(2), pages 155-166, May.
    3. Virginia Doellgast & Ian Greer, 2007. "Vertical Disintegration and the Disorganization of German Industrial Relations1," British Journal of Industrial Relations, London School of Economics, vol. 45(1), pages 55-76, March.
    4. Gerhard Bosch & Claudia Weinkopf, 2013. "Transnational labour markets and national wage setting systems in the EU," Industrial Relations Journal, Wiley Blackwell, vol. 44(1), pages 2-19, January.
    5. Christer Thörnqvist & Charles Woolfson, 2012. "When tender turns tough: posted workers and the tendering regime in the Swedish construction industry," Construction Management and Economics, Taylor & Francis Journals, vol. 30(7), pages 525-533, November.
    6. Kathleen Thelen, 2009. "Institutional Change in Advanced Political Economies," British Journal of Industrial Relations, London School of Economics, vol. 47(3), pages 471-498, September.
    7. Chris Howell & Rebecca Kolins Givan, 2011. "Rethinking Institutions and Institutional Change in European Industrial Relations," British Journal of Industrial Relations, London School of Economics, vol. 49(2), pages 231-255, June.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Tod D Rutherford & Lorenzo Frangi, 2021. "Acted upon and acted through: Unions, consent and contestation vis-a-vis High Performance Work Systems in the automobile industry," Economic and Industrial Democracy, Department of Economic History, Uppsala University, Sweden, vol. 42(4), pages 983-1003, November.
    2. Ines Wagner, 2015. "The Political Economy of Borders in a 'Borderless' European Labour Market," Journal of Common Market Studies, Wiley Blackwell, vol. 53(6), pages 1370-1385, November.
    3. Helfen, Markus & Nicklich, Manuel & Sydow, Jörg, 2019. "Arbeitspolitische Verankerung des deutschen Windkraftanlagenbaus? Empirische Befunde zu ausgewählten Fallunternehmen [Embeddedness of German wind turbine manufacturers in industrial relations institutions? Empirical insights from selected cases]," Industrielle Beziehungen. Zeitschrift für Arbeit, Organisation und Management, Verlag Barbara Budrich, vol. 26(1), pages 35-62.
    4. Christian Dufour & Adelheid Hege, 2013. "Special Issue. Edited by: Gregor Murray, Christian Lévesque, Christian Dufour and Adelheid Hege," Industrial Relations Journal, Wiley Blackwell, vol. 44(4), pages 355-372, July.
    5. Chiara Benassi & Lisa Dorigatti, 2015. "Straight to the Core — Explaining Union Responses to the Casualization of Work: The IG Metall Campaign for Agency Workers," British Journal of Industrial Relations, London School of Economics, vol. 53(3), pages 533-555, September.
    6. John T. Addison & Paulino Teixeira & Katalin Evers & Lutz Bellmann, 2016. "Is the Erosion Thesis Overblown? Alignment from Without in Germany," Industrial Relations: A Journal of Economy and Society, Wiley Blackwell, vol. 55(3), pages 415-443, July.
    7. Jens Arnholtz & Søren Kaj Andersen, 2018. "Extra†Institutional Changes under Pressure from Posting," British Journal of Industrial Relations, London School of Economics, vol. 56(2), pages 395-417, June.
    8. Ines Wagner, 2015. "Rule Enactment in a Pan-European Labour Market: Transnational Posted Work in the German Construction Sector," British Journal of Industrial Relations, London School of Economics, vol. 53(4), pages 692-710, December.
    9. Hiroaki Richard Watanabe, 2015. "Neoliberal reform for greater competitiveness: labour market deregulation in Japan and Italy," Industrial Relations Journal, Wiley Blackwell, vol. 46(1), pages 54-76, January.
    10. Valeria Pulignano & Guglielmo Meardi & Nadja Doerflinger, 2015. "Trade unions and labour market dualisation: a comparison of policies and attitudes towards agency and migrant workers in Germany and Belgium," Work, Employment & Society, British Sociological Association, vol. 29(5), pages 808-825, October.
    11. Orestis Papadopoulos & Dave Lyddon, 2020. "Deregulation and institutional conversion in the Greek hotel industry: an employment relations model in transition," Industrial Relations Journal, Wiley Blackwell, vol. 51(1-2), pages 92-109, March.
    12. Assaf S Bondy & Jonathan Preminger, 2022. "Collective labor relations and juridification: A marriage proposal," Economic and Industrial Democracy, Department of Economic History, Uppsala University, Sweden, vol. 43(3), pages 1260-1280, August.
    13. John Buchanan & Damian Oliver, 2016. "‘Fair Work’ and the Modernization of Australian Labour Standards: A Case of Institutional Plasticity Entrenching Deepening Wage Inequality," British Journal of Industrial Relations, London School of Economics, vol. 54(4), pages 790-814, December.
    14. Ian Greer & Thorsten Schulten & Nils Böhlke, 2013. "How Does Market Making Affect Industrial Relations? Evidence from Eight German Hospitals," British Journal of Industrial Relations, London School of Economics, vol. 51(2), pages 215-239, June.
    15. Fulda, Barbara, 2016. "Immer weniger Kinder? Soziale Milieus und regionale Geburtenraten in Deutschland," Schriften aus dem Max-Planck-Institut für Gesellschaftsforschung Köln, Max Planck Institute for the Study of Societies, volume 87, number 87.
    16. Oberfichtner Michael & Schnabel Claus, 2019. "The German Model of Industrial Relations: (Where) Does It Still Exist?," Journal of Economics and Statistics (Jahrbuecher fuer Nationaloekonomie und Statistik), De Gruyter, vol. 239(1), pages 5-37, January.
    17. Miguel Martínez Lucio & Stefania Marino & Heather Connolly, 2017. "Organising as a strategy to reach precarious and marginalised workers. A review of debates on the role of the political dimension and the dilemmas of representation and solidarity," Transfer: European Review of Labour and Research, , vol. 23(1), pages 31-46, February.
    18. Snower, Dennis, 2025. "Labor Markets as Human Ecosystems: The Insider-Outsider Theory Reconsidered," INET Oxford Working Papers 2025-21, Institute for New Economic Thinking at the Oxford Martin School, University of Oxford.
    19. Nathan Lillie, 2022. "Round Table. Nordic unions and the European Minimum Wage Directive," Transfer: European Review of Labour and Research, , vol. 28(4), pages 499-504, November.
    20. Marco Hauptmeier, 2012. "Institutions Are What Actors Make of Them — The Changing Construction of Firm-Level Employment Relations in Spain," British Journal of Industrial Relations, London School of Economics, vol. 50(4), pages 737-759, December.

    More about this item

    Keywords

    ;
    ;
    ;
    ;
    ;

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:sae:ecoind:v:37:y:2016:i:1:p:23-42. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: SAGE Publications (email available below). General contact details of provider: http://www.ekhist.uu.se/english.htm .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.