Den arbetssökandes upplysningsplikt: En allmän avtalsrättslig princip påverkad av arbetsrättsligt skyddstänkande
Independent thesis Advanced level (degree of Magister)Student thesisAlternative title
Duty of Disclosure when Seeking Employment : A general contract law principle affected by employment law principles of protection of employees (English)
The general contract law principle of loyalty between negotiators, in deliberation, leads to a duty of disclosure for negotiators. The extent of this duty of disclosure is influenced by many different factors; amongst others the type of agreement, the negotiators knowledge and opportunity of procuring knowledge. The general duty of disclosure is both a part of the contract law principle of loyalty between negotiators in negotiating a contract, and an indirectly statutory obligation, that, if neglected will lead to nullification of the agreement. The legislator has stated that the general contract law, Lag (1915:218) om avtal och andra rättshandlingar på förmögenhetsrättens område (avtalslagen), should be used to regulate negotiating of contracts, including the negotiation of contracts of employment. In arbetsdomstolens judging, additional factors have been weighed in, and the judgement is done also through the use of a concept taken from employment law, the concept of ”saklig grund för uppsägning”. Arbetsdomstolen appear to prefer using employment law and principles of protection for the employee, even though the legislators opinion was that general contract law should regulate negotiations of contracts of employment. This way, other factors are included in the judging of the duty of disclosure when seeking employment than in the general judging of duty of disclosure. Amongst other the interests of society and the will of protecting the person seeking employment, affects arbetsdomstolens judging of the duty of disclosure in negotiating contracts of employment. The thesis arguments that this interpretation, of the confines between contract law and employment law, is contrary to the statements of the legislator, and also an unfit interpretation of the principle of duty of disclosure, in terms of reaching partition of risks between negotiators of contracts of employment.
Place, publisher, year, edition, pages
Ekonomiska institutionen , 2004. , 75 p.
Master Thesis in Business Administration (Magisteruppsats från Ekonomprogrammet), 2004:6
Law, Duty of disclosure, contract of employment, seeking employment, recruiting, nullification, fraud
IdentifiersURN: urn:nbn:se:liu:diva-2183OAI: oai:DiVA.org:liu-2183DiVA: diva2:19513