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Regulation (1988:1137) With Instruction For The Swedish Labour Court

Original Language Title: Förordning (1988:1137) med instruktion för Arbetsdomstolen

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section 1 of the Labour Court hears disputes to be dealt with under the

the Act (1974:371) on trial in labour disputes.

Regulation (2007:910).



1 a of the rules of court shall apply the following provisions of the

the Government agencies Ordinance (2007:515):



3 and 4 sections on responsibilities,



section 6 of General information,



section 8 if the Agency's employer's policy,



paragraph 21 of the decision of the Agency, and



section 28 on measures in response to the National Audit

the auditor's report.



It is said that those provisions of the Agency's management shall

refer to the Labour Court in college or the administrative

the Manager in accordance with the provisions of §§ 24-29.



The provision in section 21 of the Government agencies Ordinance shall apply only

in administrative matters. Regulation (2007:910).



Organization



section 2 of the rules of court, in addition to the members and alternates

referred to in Chapter 3. the Act (1974:371) about the trial in

labor disputes, including a legal Secretary and other staff.

Regulation (2013:781).



3 repealed by Regulation (2010:1798).



section 4 of the labour court divides the members for service in a manner

that promote an even distribution of the workload and circulation between

members.



Composition m. m.



§ 5 in the case of general significance for the conditions on the

the labour market, the following members participate in

The Labour Court sitting with two members for each

employers and workers ' page:



a member who is appointed on the proposal of the Association of Swedish

Business,



a member who is appointed on the proposal of the Swedish Association of local authorities and

County Councils or employers ' work;



a member who is appointed on the proposal of the Swedish Trade Union Confederation

Sweden and



a member who has been appointed on a proposal of the civil servants '

Central Organization or Sveriges Akademikers

Central Organization. Regulation (2007:910).



6 § at the main hearing, or else sitting in the target mainly

has importance only for a specific area negotiation or when

the Labour Court sitting with only one member of each

employers and workers ' side, participating for the party pages

Members who have been appointed at the suggestion of the organizations whose

negotiating area dispute mainly concerns.



6 a section When the Labour Court sitting with three judges-in-training

will a President or Vice-President who

assigned to the case keep the word. At least one of the other judges shall

be the Chairman or Deputy Chairman of the Court. One of

the judges may be such a legally qualified official who has received an

appointment pursuant to Chapter 3. the second subparagraph of paragraph 8 of the Act (1974:371) if

the trial in labour disputes. Regulation (1997:753).



section 7 If a member is unable to serve in a particular case shall,

for the purposes of Chapter 3. section 4, second subparagraph, the Act (1974:371) if

the trial in labour disputes, primarily another Member is called to

serve. If any member is unavailable, the deputies are called to

serve in the order in which they have been appointed. Regulation

(1992:127).



section 8 If an employer or employee representative is prevented from attending for a

pending hearing or another meeting in a given case

and therefore a member of the opposite party must cede to the

as a result of the rule on quorum in Chapter 3. section 6 of the Act (1974:371) if

the trial in labour disputes, the veterinarian designated as Member

serve before replacement and service in General be determined by the

order in which the appointment has been made.



§ 9 closer to the principles for the members ' duties and

the Court's composition shall be shown by the rules of procedure.



The composition of the Court is determined otherwise in a particular case by

the President in the case.



Distribution of cases



10 § allocation of cases occurs as soon as the goal is reached.



section 11 of the Cases are allocated among the Presidents after the order

cases have come before the Court. After the decision of the

Administrative Manager assigned vice President case.



Objectives should also be distributed among legal secretaries after

turn order. Regulation (2013:781).



section 12 of the allocation of targets shall as far as possible the workload is evenly distributed.



Processing of cases



paragraph 13 of the Court's administrative head of the word when the target or subject

determined by the Court in its entirety or in college.



section 14 of the chairs and Vice-Chairs assigned goal leads

preparation of the objectives assigned to them and shall participate in the destination

management and conclusive, unless special reasons causing the other.



section 15 legal secretaries responds, after the missions referred to in 3

Cape. paragraph Act (1974:371) about the trial in

labour disputes, for the preparation and presentation of cases

assigned to them, legal secretaries help otherwise with

programming of processing in accordance with the guidelines and to the extent

as the Chairman or, if the Vice-President assigned

the goal, vice Chairman.



A legal Secretary must not, however,



1. reject agents or assistants,



2. impose periodic penalty payment or other penalty for injunctions

not been complied with,



3. reject the investigations,



4. decide on sight,



5. decide on a replacement for someone's involvement in the case,



6. reject applications for legal aid, or decide on matters of

change of counsel.



The provisions of the second subparagraph, 1, 2, 5 and 6 shall not apply

Legal Secretary who received the appointment and tasks referred to in

Chapter 3. the second subparagraph of paragraph 8 of the Act (1974:371) about the trial in

labour disputes. Regulation (2013:781).



16 § legal Secretary who received the writ and mission that

referred to in Chapter 3. the second subparagraph of paragraph 8 of the Act (1974:371) if

the trial in labour disputes may hold oral preparation. In

Moreover, legal secretaries keep oral preparation

only if the President in a particular case, or, if a vice

the President has assigned to the case, the Vice-President decided on

this. Only after such appointment in a particular case

legal secretaries may hold a hearing with a party or any

other or take evidence except the main hearing.

Regulation (2013:781).



section 17 of the legal secretaries will hold the Chair or, if a

the Vice-President assigned targets, the Vice-President informed

If the objectives and, where necessary, obtain information about actions that should

taken. If a case or an issue that has been raised in proceedings

must be decided quickly to clerk immediately notify

This for the President or, if the case is assigned to a vice

the President, vice President. Regulation (2013:781).



section 18 is repealed by Regulation (2002:291).



§ 19 is repealed by Regulation (2002:291).



section 20 Other employees than legal secretaries help with

information according to what the Court closer to decide. The

who have sufficient experience may be ordered on its own

responsibility



1. keep a diary over the targets, remembrance of the Court's

meetings archive list,



2. sign and expedite summonses, subpoenas and

other messages,



3. take action in connection with the service;



4. dispense judgments, decisions, minutes and other documents,



5. keep notes about rättshjälpskostnader,



6. issue lagakrafts and registration certificate,



7. perform tasks under the Regulation (2003:234) if time

for the provision of judgments and decisions, etc. and

fee Regulation (1992:191),



8. management of cash funds and pay advances and

benefits of public funds to parties, witnesses,

experts and others,



9. in so far as the Court determines, perform

other tasks that are not under the law

Constitution must be performed by someone who is legally qualified.

Regulation (2013:781).



section 21 goals or an issue that has been raised in proceedings shall be

review as soon as it can be done when



1. the expedited procedure föeskrivs in the law,



2. proceedings relating to the ongoing industrial action or förhandlingsvägran,



3. in the case of appointment for the period until its final judgment

or the decision at issue,



4. in the case of attachment or other action in accordance with Chapter 15.

the code of judicial procedure,



5. in the case of referral of the case to the District Court under 50.

section 24 of the code of judicial procedure,



6. in the case of certiorari pursuant to Chapter 49. section 12

the code of judicial procedure.



The remainder are cases admissible in the order they have been received,

unless the target's characteristics or special circumstances causing the

something else.



Diary and act training



section 22 of proceedings shall be kept a diary of incoming targets in

substantial equivalence with what is prescribed for the District Court.

Special diary will be conducted over targets that have been appealed to the Court.



section 23 of the Act in respect of training and what linked thus applies in

applicable parts what is prescribed for the District Court.



Management of administrative issues



24 § administrative matters will be decided by the Labour Court in

College or the Court's administrative head to the extent that

other things not mentioned in this regulation. Regulation (2002:291).



section 25 of the College consists of



Presidents at the Labour Court,



one of the members referred to in Chapter 3. third subparagraph of paragraph 2 of the law

(1974:371) on trial in labour disputes, as well as the following

members of those specified in Chapter 3. paragraph 3 of the same law:



a designated after the proposal of the Association the Confederation,

two appointed on a proposal by the Swedish Association of local authorities and

County Councils or employers ' work, one appointed after suggestion

of the Confederation in Sweden, one appointed after suggestion


of TCO and one appointed after

the proposal of the Swedish Confederation of professional associations.



If the Court does not decide otherwise, the members of the

College of the order conferred by Chapter 3. section 4, second subparagraph

the law on trial in labour disputes and paragraph 7 of this regulation.

Regulation (2007:910).



section 26 of the College determined cases involving



1. determination of the bases of the members ' duties and

The Labour Court's composition,



2. other important matters concerning the Labour Court's organization and

forms of work, and



3. grant requests. Regulation (2010:1798).



section 27 in the case of College Court is a quorum when at least half of the

those who will participate are present. In case of major importance are dealt with

shall, if possible, all attend. Such case shall be determined in the absence

by the administrative manager only if the matter does not tolerate delay.



section 28 of the Labour Court's administrative Director may Commission any

else who is employed at the Court of Justice to decide in its place

a particular case or group of cases.

Regulation (2002:291).



section 29 Of the Labour Court's administrative Director is unable to

serve or if the service is free and has a substitute not designated,

the elder service of the other Presidents meet the

Administrative Manager's tasks. Administrative decisions by major

weight must then be taken only if there is a significant problem,

wait.



section 30 a case relating to the opinion of the legislative issues that are not

the task of the Labour Court in College will be decided jointly by

the co-chairs.



Employment, etc.



section 31 of the Regulations concerning the appointment of the President as well as head and

the rest of the Chairperson of the Labour Court Act (2010:1390)

appointing judges. Provisions for the appointment

of the other members and the alternates are provided in Chapter 3. section 1 of the Act

(1974:371) on trial in labour disputes.



The Labour Court shall notify the Board of judges when there is a

casual employment as a President who needs to be added.



The provisions of section 6 of the Employment Ordinance (1994:373) if

information need not be applied when hiring

Legal Secretary. Regulation (2013:781).



32 section Presidents may decide on the organisation of their holiday and if

other leave for themselves.



Transitional provisions



1988:1137



This Regulation shall enter into force on 1 January 1989, when regulation

(1974:589) with instruction for the Swedish Labour Court shall cease to be valid.

Older provisions shall, however, continue to apply, mutatis mutandis, in

respect of proceedings under the Act (1974:8) if the proceedings in the

small claims.



1992:127



This Regulation shall enter into force, in the case of 5, 7 and 25 of 1 July

in 1992, and april 1, 1992.