Arbetstagarbegreppet - En analys av EU-rätt och svensk rätt

Sammanfattning

Abstract The Labour law protection only covers those who are considered employees. Thus, the concept of employee is a significant part of the Labour law. The definition is becoming increasingly important as the way of organizing the work is continuously changing as new forms of employment are added. The essay examines how the EU and Sweden define and apply the concept of employee and what similarities and differences can be identified between the case law of the Court of Justice of the European Union and the Swedish Labour Court. The essay also examines the possible consequences that the application of the concept may have in the EU and Sweden in the future, due to the increased EU regulation. There is no uniform definition of the concept of employee in the EU or Sweden. Depending on the area of ​​application, the concept is defined and applied in different ways. In the EU, the concept has been developed through case law of the Court of Justice of the European Union, where terms are set. In Sweden, the concept of employee has primarily been developed through case law and doctrine, where an overall assessment and various assessment criteria are established. However, EU law has begun to move closer to a harmonized concept of employee. The aim of the harmonization of EU Labour law is to provide more employees with Labour law protection. The challenge lies in finding the balance between a Union law concept of employee and the national scope for action of the Member States.