Ignoring Facts of a Case to Avoid a CJEU Ruling on a Form of Fixed-term Employment Regulated in a Swedish Collective Agreement? : Case Note on Swedish Labour Court Case No. 33, 2023 (AD 2023:33)

Summary, in English

This case note discusses Swedish Labour Court case No. 33 of 2023 (AD 2023:33). The case involved a fixed-term worker employed as a personal assistant under a specific form of fixed-term contract regulated by collective agreement. The trade union sought to have the employment contract converted into a contract of indefinite duration and the form of fixed-term employment used to be declared invalid. Furthermore, it requested that the court should seek a preliminary ruling on whether the specific situation and conditions of work in the case could be considered objective reasons in accordance with clause 5(1)(a) of the Fixed-Term Framework Agreement. The Swedish Labour Court decided that the Fixed-Term Work Directive was not applicable in the case and that there was no reason to ask for a preliminary ruling. This case note discusses the outcome of the case and the reasoning of the Swedish Labour Court of specific interest in relation to the Fixed-Term Work Directive.

• Author: Ann-Christine Hartzén
• Department/s: Department of Business Law
• Publishing year: 2023
• Language: English
• Publication/Series: European Labour Law Journal
• Links: http://dx.doi.org/10.1177/20319525231219665
• Document type: Journal article
• Publisher: SAGE Publications
• Topic: Law (excluding Law and Society)
• Keywords: fixed-term work; EU law; Fixed-term work; Swedish Labour Court; Fixed-term Work Directive; Swedish social partners; Swedish collective agreement; personal assistants; bjective reasons
• Status: Epub
• ISBN/ISSN/Other: ISSN: 2031-9525