RB 64

followed the century-old tradition not only by being linked to criminal sanctions for striking workers but furthermore by focusing on individual contracts of work and thus totally neglecting collective agreements. Both the drafts were rejected by the leftwing groups. Within a few years, Swedish employers and lawmakers showed a considerably increased interest of giving contracting organisations the status of legal persons, on which damages could be imposed if they broke a contract. Hand in hand with this switch in attitude went the growing ambition to consider a centralistic system of negotiations as a means, not only of regulating the content of the individual contracts of employment, but furthermore, as an instrument for preventing strikes and downing tools. This pragmatic approach was supported by references to the idea that an established custom constituted an important legal source. In1905 representatives of the employers claimed that the labour service agreement (Sw. arbetsavtalet) ought to be regulated according to the “modern” shapes in which it appeared. Due to these radically actual circumstances, which were considered to have their own inherent power, it was now simply impossible to base the legislation only on individual factors. The position of power of the collective organisations was a fact, and thus it must be conformed to society.382The employers’ statement reflected the changes in real life, in which nationwide collective agreements began to work as important means for regulating the conditions of individual working relationships. It was also rather common that the agreements prescribed arbitration as the way for solving disputes concerning collective agreements, which was a model that had been used in Denmark.383 p a r t i v, c h a p t e r 8 186 8. 2 peace-ke e p ing e f forts and the introduct ion of “sect ion 23” . 1905-1909 382 Schiller 1967, p. 27. 383 Sigeman 1989-90, p. 198. See also Kollektivaftal angående arbets- och löneförhållanden i Sverige I-III, utg af kommerskollegii afdelning för arbetsstatistik 1908-1911.

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