DISPUTE OF RIGHTS
| SWEDEN |
| RÄTTSTVIST DISPUTE OF RIGHTS |
A dispute over an issue relating to the legal content, in terms of existing rights, of a binding rule, usually a statute or agreement (such issues are called rättsfrågor, i.e. issues of rights). The word rättstvist occurs at one point in the 1976 Co-Determination Act and also in the 1974 Instrument of Government. The division of labour disputes into disputes of rights and disputes of interest is of fundamental importance in Sweden since they differ radically in terms, most especially, of legal consequences and methods of dispute resolution. Issues of rights are subject to the peace obligation. In order to resolve the dispute it is necessary for the content of the existing rule to be clarified, but when this has been done the dispute is, as a matter of principle, treated as resolved. In the first resort disputes of rights become the subject of negotiation on grievances. In the last resort the available route lies through arbitration or court proceedings. The Co-Determination Act lays down special rules on negotiation for disputes of rights of some kinds: these cover the duty of confidentiality concerning business information which the employee side has received from the employer, and the union right of veto and priority right of interpretation in disputes over the duty to work or remuneration. See also judicial procedure in labour disputes.)
Please note: the European industrial relations glossaries were compiled between 1991 and 2003 and are not updated. For current material see the European industrial relations dictionary.
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