c o n t i n u i t y a n d c o n t r ac t 171 As has been mentioned, we will thereby focus on two auxiliary and overlapping issues. i) How did the debate develop concerning the content and the legal foundation of the modern contract of employment, more precisely the employer’s right to direct and distribute work and the employee’s duty of obedience? ii) How did the development of a separate contract of employment interact with the emergence of the Swedish system of collective self-regulation, more precisely the labour court’s role of solving disputes concerning collective agreements? The analysis is related to the thought-provoking results that have been reached by Swedish scholars since 1945348 as well as by the non-Swedish authors which are referred to in the introductory part I.349 (i) The first debate dealt with the terms of the individual contract of employment, including the scope of the worker’s subordination in general and the duty of obedience in particular. It continued a discourse of the 19th century that has been elucidated in part III, namely what parts of the master-servant relationship that could be considered as “applicable” to the new, free labour contracts, which tended to dominate Swedish labour relations. It was a clash of interests. On the one hand the employers needed a smooth organisation and a broad scope for changing the process concerning technical aspects, working terms and the workforce, without having to renegotiate the terms of work every time a question of change arose. On the other hand, the worker demanded integrity, security, a fair salary and some kind of foreseeability concerning the work terms. 348 Westerståhl 1945;Adlercreutz,A1954, 1958, 1994; Schmidt, F1950, 1958, 1959; Geijer & Schmidt 1958; Schiller 1967, 1974; Eklund 1974; Sigeman 1977, 1984, 1989-90; Flodgren 1978; Hydén 1978, 1985; Göransson 1988; Svensäter 1991; Källström1993; Malmberg 1997; Rimsten 1998. 349 Fox1974; Kahn-Freund1977;Atleson1983;Veneziani 1986; Bruun1987; Klatt 1990; Supiot 1994; Kroeschell 1995;Vigneau 1997.
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