Theme sheet Published: 2008-12-02
New dispute regulations on the labour market
Traditionally, many labour market issues are handled by labour market
parties. However, legislation and increased competition have tipped the
balance of negotiations on the labour market. Employers have limited means
to oppose union demands.
– How can we create neutral legislation and
thereby increase scope for new jobs?
What does Confederation of Swedish Enterprise want?
The Confederation of Swedish Enterprise wants the game rules on the labour market, that is the rules for collective bargaining and opportunities to take union action, to be neutral with regard to the parties. The purpose is to achieve a better functioning labour market and collective agreements that contribute to increased competitiveness.
What is the situation today?
A lack of impartiality on the part of legislators and the consequent imbalance between the parties in collective bargaining lead to less smooth functioning of wage formation, and thereby the entire national economy. The union organisations can give notice of and initiate strike actions at limited cost to their own organisations, but with extensive direct and indirect injury to companies and the community. There are numerous examples of union actions that have been disproportionate to the significance of the issue itself and to how companies, third parties or the public interest have been affected. Collective agreements lose their legitimacy when peace in the industrial sector cannot be guaranteed once it has been bought. State arbitrators have too limited scope for action.
What is required?
More voluntary negotiated agreements (as industrial agreements) that regulate negotiation procedure, arbitration and union actions.
Change legislation regarding disputes:
- A requirement for proportionality between the extent of a union action or its target, and its consequences to the company and third parties
- Ban on sympathy actions
- Right for arbitrators to stop disputes that jeopardise public safety
- Ban on organisation with no valid collective agreement taking strike action within areas where a collective agreement is in force
- Ban on political strike actions
- Introduction of an option to enforce arbitration
- Increased authority for arbitrators to postpone notified strike action
- Ban on union organisations taking strike action against companies where the union has no members
