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Act (1974:371) On Trial In Labour Disputes

Original Language Title: Lag (1974:371) om rättegången i arbetstvister

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Chapter 1. The scope of the law



section 1 of this Act apply to the proceedings in disputes relating to the

collective agreements and other disputes concerning the relationship between

employers and workers (labor disputes).



In common with the labour dispute must be dealt with also other proceedings between the same

or different parties, on the right with respect to the investigation and other

circumstances, such handling suitable. When the reasons for doing so

exists, the Court may again distinguish targets.



2 §/expires U: 2016-09-01/

This law is not applied on



1. goals that by law may be admitted only by certain District Court or

shall be dealt with by the District Court in another composition than that specified in

the code of judicial procedure,



2. objectives shall be dealt with by the District Court pursuant to

Bankruptcy Act (1987:672) or Act (1996:764) if

corporate restructuring,



3. case for damages arising from criminal offences, if the matter were suggested in connection

with the criminal prosecution,



4. case on compensation for occupational diseases, when the dispute not related to

collective bargaining right meaning.



The law does not apply to cases relating to workers referred to in paragraph 1 of the

the Act (1994:260) on public employment, when the dispute concerns



1. the issue relating to the employment of workers but only refer to

disputes about collective agreements



2. tjänstgöringsskyldighet of regular judges according to the law

(1994:261) on the proxy.



The law should not be applied to other cases involving workers

for employers with public position, when the dispute relates to a matter

that is regulated in the law and in the same

Constitution provides that a decision may be appealed to the

the Government, an administrative court or an administrative authority.

Law (1996:1055).



2 section/entry into force: 2016-09-01/

This law does not apply to



1. target which, by law, are occupied only by a certain court or to be handled by a District Court in another composition than that set out in the code of judicial procedure,



2. objectives should be dealt with by the District Court under the Bankruptcy Act (1987:672) or Act (1996:764) on corporate restructuring,



3. case for damages in respect of crimes, where proceedings are brought in connection with the prosecution of the offence;



4. case on compensation for occupational diseases, if the dispute does not relate to collective bargaining right, 5. objectives referred to in Chapter 1. 4 § 1 and 3 teams (2016:188) if patent and market courts, and



6. the objectives referred to in article 81 of Council Regulation (EC) No 6/2002 on Community designs and article 96 of Council Regulation (EC) No 207/2009 on the Community trade mark.



The law does not apply to cases relating to workers within the meaning of section 1 of the Act (1994:260) on public employment, when the dispute concerns



1. the issue relating to the employment of workers but only relate to disputes about collective agreements



2. tjänstgöringsskyldighet of the ordinary judge under the Act (1994:261) on the proxy.



The law should not be applied to other cases involving employees of employers with public position, when the dispute relates to a matter which is regulated in the law and in the same Constitution provides that a decision on the matter may be appealed to the Government, an administrative court or an administrative authority.

Law (2016:199).



paragraph 3 of the Dispute to be dealt with under this Act may instead

by agreement shall be referred to the decision of the arbitrators. This

does not apply to the cases referred to in section 31 of the first or third

law (1976:580) for participation in working life. Not

either get agreement before the dispute has arisen was signed to

the dispute shall be settled by arbitration without reserve the right for

Parties to blame the award, be relied on in proceedings in which

right of association or in dispute, according to



-law (2002:293) on the prohibition of discrimination against

part-time workers and workers with

temporary employment, or



-non-discrimination Act (2008:567). Law (2008:574).



Chapter 2. Courts in labour disputes



paragraph 1 of the rules of court as the first court pick up and determine

proceedings brought by employers ' or workers ' organization

or by employers who have concluded a collective agreement, if

the case involves



1. disputes about collective agreements or any other labour dispute referred to

of the Act (1976:580) for participation in working life,



2. labour dispute otherwise provided

collective agreements in effect between the parties or to individual

employees affected by the dispute are employed in the work as

' collective agreements to which the employer is bound by.



The Labour Court is the competent court in accordance with the first paragraph also

When collective agreements are temporarily not applied.



In common with the labour dispute within the meaning of the first or second subparagraph

may be dealt with also other labour dispute between the same or

various parties, if the Court with respect to the investigation and

other circumstances, such handling suitable. When

There are reasons, the Court can once again distinguish targets.



The Labour Court is always competent to the Court which first take

up and determine a dispute over industrial action referred to in 41, 41 b

and 41 (c) of the Act (1976:580) for participation in working life.

Law (2010:230).



section 2 Other labour dispute not referred to in paragraph 1 shall be collected and determined by

District Court.



The action referred to in paragraph 1 and as suggested by employers, self made

collective agreements, or by employers ' or workers ' Organization for

own part may be sued in District Court instead of at the Labour Court.

Is the respondent organization, or would, according to Chapter 4. paragraph 5, second subparagraph

organisation have been reconciled in if the dispute had brought before the Labour Court,

It may, however, be made only on the basis of such an agreement, as set out in Chapter 10.

section 16 of the code of judicial procedure.



In the labour dispute within the meaning of the first or second subparagraph, the employer sought

by the law of the place where the employee is domiciled. Law (1977:530).



paragraph 3 of the rules of court is the superior court for an appeal in cases

According to paragraph 2 raised by the District Court.



That in certain cases the decisions of the authority other than

District Court can be appealed to the Labour Court of law

(1969:93) on the limitation of social support in the labour dispute.



The Labour Court hears complaint of domvilla in the case of District Court

in case referred to in paragraph 2 and, in the case of the decisions of the

other authority referred to in the second subparagraph. Questions about the stature and

restitutio in integrum in respect of such decisions

be reviewed by the Supreme Court. Act (1994:1043).



paragraph 4 of the rules of court judgment or decision shall not be an action.



section 5 Have been brought in the District Court by a member of the employers ' or

workers ' organization and the organization under section and Chapter 4. paragraph 5 of the

bring this action before the Labour Court, the organisation shall be prepared

the opportunity to state whether it wishes to bring an action. The same applies when

dispute over the collective bargaining agreement brought before District Court by anyone who has been a Member

the employers ' or workers ' associations which have concluded the agreement.

In doing so, the Organization explains that it wishes to bring an action before the

the Labour Court, the proceedings shall be forwarded there.



Have otherwise than as referred to in the first paragraph, which according to § 1 shall

be collected and determined by the Labour Court, brought before the District Court, the

at the request of a party, shall be transmitted to the Labour Court. Has the target been adjudicated

of the District Court, and from there proceeded to the Labour Court, the on

claim of a party representing the Aga to processing as if an action had been brought

there.



In the case referred to in the first or second subparagraph, the proceedings brought

proceedings, when the application was received by the District Court. Team

(1977:530).



section 6 Have been brought in the main proceedings by a member of the employers ' or

employee organization, or in a dispute concerning collective agreements of the

been a member of the organization that signed the agreement, and explain not

the organization that it would bring an action according to § 1, and Chapter 4. section 5,

the objective shall at the request of the parties, reference is made to the District Court having jurisdiction.

The same applies if the Labour Court otherwise finds himself not to be

competent pursuant to § 1 actions have been brought there.



Advertised in the labour court decision, whereby certain District Court explained

not to be competent to take up cases brought before the District Court, shall

the Labour Court at the request of the parties, refer the case to another district court

which is competent.



Having separate courts by decision as res judicata been

unauthorized, the Labour Court, if it finds any of them be

jurisdiction, on the application of any interested party to refer the case to the District Court, which removed

take up the case. Such application shall be made within one month from the date of

the last announced the decision became final.



The provisions of this section do not apply if the Court lack of

Eligibility depends on the aim not to be dealt with under this Act. Team

(1977:530).



7 § Finds Court of appeal or the Supreme Court that there completed goals

rightfully should have been completed to the Labour Court, the goal

submitted to this Court.



Labour Court finds that there has completed the objectives rightly would have

made to the Court of appeal, the Labour Court shall transfer the case to

the competent court of appeal. Law (1977:530).



section 8 to the decision whereby the case submitted to the Court, the action

not be brought. Has the Court other than the Supreme Court handed the case, the

the Labour Court, if it finds itself not be competent, view target again

to the Court which delivered it. Act (1977:530).



Chapter 3. The Labour Court's composition, etc.



section 1 of the Labour Court is composed of a maximum of four Presidents, not more than

four Vice-Presidents and seventeen other members. One of

the chairpersons shall be the head of the Court.




Member must be a Swedish citizen and must not be a minor

or bankrupt State or have trustees under Chapter 11. 7 §

parental code. Before a member begins to serve in

The Labour Court, he or she shall have completed the domared.



For other Member than the President, there should be no more than three

replacement. The provisions of this Act if the Member applies even

replacement, unless stated otherwise.



In the law (2010:1390) appointing judges is

provisions relating to the appointment of the President as well as head and

the rest of the Chairperson of the Tribunal. Other members and alternates

appointed by the Government for three years. Law (2010:1448).



section 2 the President, vice President and three other members appointed from among

people who cannot be considered to represent the employer or employee

interests.



The President and Vice-President must be well-versed in law and experienced in

a magistrate or judge.



The three other members shall have special insight into the situation on the

the labour market. Law (1977:530).



section 3 of the other 14 members are appointed to four after a proposal from the

The Association the Confederation, two at the suggestion of Sweden's

Municipalities and county councils, a proposal by the Swedish Agency for government employers,

four on proposal of Confederation in Sweden, two after

the proposal of the Swedish Confederation of professional employees and an after

the proposal of the Swedish Confederation of professional associations.



What is in the first paragraph about the appearance of a member owns

the corresponding application to the appearance of substitute for such

Member.



Proposal to the members and alternates shall occupy at least twice

so many people that those who shall be chosen on the basis of

the proposal. Has not made such a proposal, the Government will appoint

still, members and alternates to the prescribed number.

Law (2007:646).



section 4 is the President prevented to act, the vice President

join the Chairman's place. Replacement for vice President

However, only enter the place of the President in that

referred to in section 7.



Is another member than President prevented to serve in certain

objectives, Member or Deputy member designated on the

the corresponding way. In doing so, are considered members appointed after

the proposal of the Swedish Association of local authorities and regions and

The Swedish Agency for government employers have been appointed in the same way.



Can a member or Deputy member not called in accordance with the second subparagraph,

the President may in the goal call another suitable person to

serve as a temporary replacement. Law (2007:646).



paragraph 5 of Board Member has the right to be relieved, if special circumstances

raises the. Resignation of the mission be reviewed by the Government. Depart

Member, appoints the Government for the remainder of the time, for

what the honourable Member has been appointed. Thus owns the provisions of paragraphs 2 and 3

the corresponding application.



Members who resigned are obliged to participate in the further processing,

in whose management he previously participated. Act (1974:1092).



section 6 of the Labour Court is attained with the Chair and a maximum of six and

at least four other members. Of the members referred to in paragraph 2 shall

a maximum of three and a delta. Of the members referred to in paragraph 3 of the

to a maximum of four and a minimum of two delta, an equal number for each

employers and workers page.



The Labour Court is also attained with the Chair and a Member

for both employers and workers page



1. at the main hearing in case that is irrelevant to the direction

of law and also in the rest of the simpler kind,



2. for the decision of a case without a hearing,



3. in the treatment of questions concerning certiorari,



4. for the different treatment that does not take place at the main hearing.



The Labour Court is also attained by three scholars judge



1. in the treatment of questions concerning certiorari,



2. where the processing referred to in the second paragraph 2 or 4, if

the trial significantly concerning matters other than labour law

issues.



Would any member of management in accordance with the second or third

the paragraph that a case shall be settled or a specific issue examined by the

the Court in the composition provided for in the first subparagraph,

applies to the honourable Member's opinion. Law (2008:302).



section 6 (a) in cases where a claim is based in whole or in part on a

relationship within the meaning of the non-discrimination Act (2008:567)

the provisions in the second to fourth paragraphs instead of

section 6.



The Labour Court is attained with the Chairman and four other

members. Of the members referred to in paragraph 2 to three delta. Of the

Members referred to in section 3, one for each of the employers

and the workers ' side participate. The Court may, however, have a

composition with a Chairman and six other members according to

section 6 of the first subparagraph, if the parties request it.



The Labour Court is also attained by three scholars judge



1. in the treatment of questions concerning certiorari,



2. when such processing as referred to in paragraph 6, second subparagraph 2 or

4, if the trial significantly relates to more than

employment law issues.



Would any member of the processing referred to in the third subparagraph of

a goal shall be settled or a specific question examined by the Court in

the composition provided for in the second paragraph with a

the Chairman and four other members, the honourable Member's opinion.

Law (2008:932).



section 7 of the President of the Office may carry out on behalf of the Labour Court's exclusive preparatory

measures as well as



1. inform decisions about depreciation,



2. examine the claim of lien;



3. inform the decision on rejection of the case, it is clear that the

inadmissibility exist,



4. reject evidence under 35. section 7 of the code of judicial procedure,



5. reject the new circumstance or new evidence under 50. section 25 of the third

subparagraph, the code of judicial procedure,



6. refer case to competent court pursuant to Chapter 2. section 6 of the first subparagraph,



7. default judgment,



8. inform the judgement on a claim that has been recognized or remitted,



9. confirm the settlement,



10. to impose penalty payments submitted to the party or anyone else in the trial.

Act (1992:124).



paragraph 8 of the preparatory measures and such processing referred to in paragraph 7 of the 1 may

According to the President's mission also carried out by other legally qualified civil servant

at the Court, which appointed thereto by the Court.



In addition, even the processing referred to in paragraph 7 of the 6-10 under the President's

missions carried out by such other legally qualified civil servant at the Court of Justice, which

having gained sufficient experience appointed thereto by the

the Court of Justice. Act (1992:124).



Article 9 of the Labour Court Finds for deliberation to the judgment or decision on

current sense to deviate from legal tenet or legal interpretation that the

last adopted, may the Court of the composition prescribed in section 6 of the

the first subparagraph shall order that the proceedings or in proceedings resulting

question of law to be decided by the Court in its entirety.



When the target or specific in that the resulting query is determined by the Labour Court in its

whole, all members or substitutes for them to participate in the decision.



Ruling as referred to in the second subparagraph may be taken without a main hearing.

Act (1992:124).



section 10 further provisions on Labour Organization and

activities will be announced by the Government. Act (1974:1092).



Chapter 4. The proceedings in the Labour Court



General provisions



section 1 of the Labour Court shall meet in the place where the Court has its

seat. Meeting may also be held elsewhere, if for special reasons

is called for. Meeting shall be held as often as necessary for work.



section 2 of the Voting to the judgment or decision is made in the order in which

the rules of the Court.



paragraph 3 of the Judgment shall be notified as soon as it can be done. It shall be signed by

those who participated in the decision. Copy of the judgment shall be sent to

the parties on the same day as the judgment.



What is provided for in the first subparagraph if they also apply final

decision. Act (1992:124).



section 4 of the Stories submitted at the hearing during interrogation in

evidence object does not need to be documented. Law (2008:302).



The trial in the Labour Court as the first court



section 5 of the dispute over the collective bargaining agreement can be concluded, that organization,

wake up and perform an action before the Labour Court for those who are or have

been a member of the organization. In other labour disputes set out in Chapter 2.

1 § can the employers ' or workers ' organization within the meaning of section 6 of the Act

(1976:580) for participation in working life Institute and carry out an action in the

the Labour Court for a member of the organization. What is the prescribed

If the party with regard to the conflict of interest relationship, personal appearance, hearing

in the affidavit, and other issues related to the evidence must also

apply for the Organization of the action.



Would someone bring an action before the Labour Court against the Member or before

being a member of the organization referred to in the first subparagraph, shall in

corresponding cases listed where the Organization agreed.

The organization can respond on behalf of medpartens, where the latter is not itself

perform its action.



What is said in this paragraph if the organization also applies if the

closure of several such organizations. With a Member means taking both

the affiliated organizations as their members. Law (1977:530).



section 6 Proceedings, that does not include a claim that the defendant should be ordered to

perform or omit something, shall be rejected if it is not of significant

importance of the plaintiff or of the organisation of the action to

such a declaration be considered. Act (1976:581).



section 7 of the action may not be collected for the determination of the labour court until

negotiation, which may be requested under the Act (1976:580) if participation

in the workplace or as specified in the collective agreement, has taken place concerning the

bone of contention.



Proceedings under the first paragraph of section 31 applies the first or third paragraph

the Act on Codetermination at work nor disputes over whether


industrial action taken in violation of the law or collective agreements or dispute

If the penalty for such a measure. In cases referred to in § 43 law on

codetermination in the workplace consultation obligation not fulfilled,

the labour court may not rule on the dispute until this.



Notwithstanding the first and second subparagraphs shall be an action for

examination in respect of terms of appointment for the period until

final judgment or decision at issue. Since such a

testing has been done, the objective shall be declared dormant in avbidan on to

negotiation or consultation concerning the contentious issue under the first or

the second paragraph is complete. Before such negotiations or consultations

completed may target non-terminal is tested.



Have negotiations or consultations referred to in the first or second

subparagraph not taken place, the action still be collected, if against

negotiation or discussion has been obstacles, which not depends of

the plaintiff. Act (1992:441).



§ 8 The wishing to bring an action before the Labour Court, the Court

make written application for a summons on the defendant.



There is no reason to reject the application, the Court shall issue the

atmosphere on the defendant to respond to the claim. The defendant may be submitted to

to submit a defence in writing pursuant to chapter 42. section 7 of the code of judicial procedure at the

penalty that a default judgment may be otherwise notified to him. Team

(1992:124).



§ 9 Issued subpoena, the preparation of the case take place.



Fails both parties or one of them from sitting for oral

preparation or fails to comply with the injunction, the defendant to

in writing give an appearance before penalty that a default judgment may otherwise be

to be announced against him comes as prescribed in Chapter 44. 1, 2 and 7 (a)

of the code of judicial procedure. The Court, having regard to the nature of the dispute or

other circumstances of the case, to request a default judgment should not be

granted, the Court shall, if the other party contends that rather than take

measures for further preparation, though this is likely to be beneficial

for investigation, or put off the case to trial. Is produced

not such a claim by the party, the objective shall be depreciated.



Fails the defendant by written preparation to come in with

defence, and does not have the injunction referred to in the second subparagraph announced

him, put the target out to main hearing, if not continued

preparation can be assumed to be for the benefit of target's investigation. Team

(1992:124).



10 § Since preparation work has been completed, the Court shall conduct proceedings

opinion as soon as it can be done.



The destination is determined after the main hearing. However, the Court may cancel or

reject target, default judgment, and judgment on the claim, granted or

remitted, as well as ratify conciliation without holding a hearing.



The Court may also in other cases than those referred to in the second subparagraph to carry out objectives

opinion without a hearing, if the party so requests and the Court

taking into account the nature of the dispute and other circumstances, it

appropriate. Against the party of opposition, however, may not be decided in this case

order. Act (1992:124).



section 11 of The main hearing, the party and Deputy to the party

called to appear personally, if his presence is needed for

the investigation. Should personal appearance happen, can the court order the

liquidated damages.



Fails both parties or one of them from sitting for

main hearing to what prescribed in Chapter 44. section 1 and section 2 of the first

subparagraph, the code of judicial procedure. The Court, having regard to the nature of the dispute

or other circumstances in the case that a judgment by default should not

be granted, the Court shall at the request of the party in tillstädeskomne

rather than carry out the case to the hearing and ruling. Made not

such a claim, the case closed.



Notice of hearing shall contain a reminder that the goal without

barriers of party in default, may at the request of the opposing party represented the Aga to

negotiation and decision. Recalling that the objective can be determined by

judgment by default shall be included in the notice, if the Court finds that such

penalty for non-appearance.



Uppskjutes stub main hearing, the hearing continued

as soon as possible. New main hearing need not be held in the grounds of

such a reprieve. Law (1977:530).



The trial in the Labour Court as the appeal instance



section 12 of A District Court judgment or decision may be appealed to the

The Labour Court under the provisions of Chapter 49. the code of judicial procedure.

The appeal shall be made within the time specified in the 50. 1 and 2 sections

or 52. section 1 of the code of judicial procedure. Act (1994:1043).



section 13 appeal must include details of the



1. the decision appealed against;



2. the amendment of the judgment demanded,



3. the grounds for the appeal,



4. the facts on which it relies to

certiorari should be notified,



5. the evidence is claimed, and



6. what should be proved by any evidence.



Documentary evidence which are not submitted earlier shall be submitted

at the same time with the appeal.



At the appeal of a District Court judgment, the appellant in the

the letter also specify whether he or she wants it to be held

a renewed questioning of a witness, expert or party

or be a renewed approach. team (2008:302).



section 14 Has the District Court rejected the claim for secondment for the period until the

its final judgment or decision at issue,

the Labour Court immediately notify such appointment apply to

its different. The District Court has upheld a claim that now

been said, can the Labour Court immediately order that the District Court's

the appointment shall not apply anymore. Act (1992:124).



section 15 Since the case's preparation has been completed, the Labour Court

carry out objective opinion as soon as it can be done.



Relates to appeal a District Court ruling, the case decided without

main hearing, if any oral evidence shall not be included

nor any other particular reasons give rise to

main hearing is held.



The appeal relates to a decision, determined the objective without

main hearing. Act (1994:1043).



section 16 of The main hearing, the party and Deputy to the party

called to appear personally, if his presence is needed for

the investigation. Personal appearance shall be made, the Labour Court

submit to the penalty.



Fails the appellant from meeting for a hearing,

due in appeal. An indication of this shall be taken into

the notice of the meeting. The appeal has expired, the

the appellant in the Labour Court requesting a resumption of

the goal according to 50. section 22 of the code of judicial procedure.



Fails the other party made the case to the hearing and ruling

Notwithstanding his absence, if his presence is not of importance

for the proceedings or investigation. An indication of this

shall be included in the notice convening the meeting.



Uppskjutes stub main hearing, the hearing

be continued as soon as possible. New main hearing need not be held in

reason of such suspension. Act (1994:1043).



Chapter 5. Other provisions



1 § What prescribed in Chapter 4. section 7 holds the corresponding application in the

the labour dispute which pursuant to Chapter 2. section 2 is brought by the District Court.



Occurring reason that collective agreements, concluded by other than

the participants in the proceedings, is relevant for the examination of the dispute, shall

the parties concluded a collective labour agreement shall be given the opportunity to be heard in

goal. Law (1977:530).



section 2 of the handlägges objectives under this Act may be appointed to each

Party shall bear its own costs if the parties that lost the goal

had reasonable cause to get the dispute.



Cost of such negotiations or consultations referred to in Chapter 4. 7 §

and is based on the Act (1976:580) on the co-determination in the workplace or on the

collective agreements replaced not as costs.



Obligation for multiple partners to pay the costs in case, that

admitted by the Labour Court as the first court, shall be allocated among the

them according to what is equitable having regard to their relation to the

the thing and the trial. Act (1982:88).



section 3 of this Act, in which not everything is legal terms in

mutandis, what of the code of judicial procedure or regulation is

before written the trial in the civil case, wherein the conciliation on the matter is

permitted. In so doing, the Labour Court concerning the trial in which

first court applied what is prescribed if the trial in

District Court. In the case of proceedings in the Labour Court which

the appeal instance court applied what is prescribed if the trial in

the Court of appeals. In the case of the non-in-training members of the Labour Court

apply 12 Cape. the second subparagraph of paragraph 3 of the code of judicial procedure. Lag (1991:638).



Transitional provisions



1976:581



This law shall enter into force on 1 January 1977.



The amendment to the second paragraph of the transitional provisions are repealed.



Relates to dispute point which occurred before its entry into force,

apply Chapter 4. paragraph 7 of the first paragraph of its older version. Has

deliberation as it says not taken place before the entry into force, shall, in

rather than apply what's in the new law is prescribed on the negotiation.

Law (1987:438).



1987:438



This law shall enter into force on 1 July 1987.



In the case of an action against a decision given before the date of entry into force

apply old regulations.



1992:124



This law shall enter into force, with respect to Chapter 3. § 1 in respect of the number of

other members, as well as paragraphs 3 and 9 on 1 July 1992, and otherwise 1

April 1992.



1994:1043



This law shall enter into force on 1 October 1994. Have the judgment or decision


granted prior to the entry into force for older provisions relating

the right to appeal and of what those who want to appeal shall respect.