Kollektivavtal vid verksamhetsövergång : En studie om hur kollektivavtal tillämpas vid en verksamhetsövergång

It is common in today’s society that a business transfer occurs. Collective agreements hold a strong position in Swedish labour market which means that the majority of companies around Sweden have collective agreements. I therefore intend to study how collective agreements are applied during a business transfer. My study is mainly focusing on the legal framework in 28§ MBL since it regulates how collective agreements are applied during a transfer. The study is focusing on four different situations when a business transfer occurs. The situations that are treated is following: The transferor has a collective agreement but not the acquirer, the acquirer has collective agreement but not the transferor, both the acquirer and the transferor are bound by the same collective agreements or bound by different ones. The Council directive 2001/23/EG prescribes in article 3 that an automatic transfer of all rights and obligations is made when a business transition occurs. This rule has been implemented through the 6 b § LAS Furthermore, the safeguarding of the employees’ rights when it exists a collective agreement are regulated in 28§ MBL. 28§ 1 st MBL precludes an automatic transfer of the regulations in the transferors collective agreement into the acquirers organisation unless the acquirer is bound by a collective agreement. If the acquirer is bound by a collective agreement, they are still obligated to apply the transferor collective agreement during one year. This is just a couple of examples of how collective agreements are regulated during a business transfer. The applications of collective agreements can be complex depending on the situation. I have compared all of the situations above in an analysis in chapter 4