several speakers from Liberal and Social Democratic circles remarked that the bill was poorly rooted in the groups it was intended to affect.When work on the 1911 bill commenced, the government during the autumn of 1910therefore chose to request comments from a large number of public authorities and private associations, of which many were connected with the labour market organisations.440 A study of the comments that were received strengthens the impression that there were considerable differences of opinion regarding the question of whether there really was an established practice on the labour market at all.And if there were, could and should it in such a case, be transformed into positive law? Likewise, it was contestable whether a possible act should confirm the obligations of the employee and the employer under section23. The answers from the employers and the public authorities gave their consistent support to the position that legislation should enjoin the workers with a far-reaching duty of obedience in accordance with the 1910 proposal. The elected council of the Swedish Employers’ Confederation issued a formal written opinion which was signed by, among others, chairman Hjalmar von Sydow.The council argued that many employers had voiced concerns that workers who had been engaged to do certain specific work could not be used to do other kinds of work without the consent of the workers themselves, unless it was a question of tasks that according to custom the workers were enjoined to do.441But above all, the Confederation emphasised that legislation must prevent any restriction in a collective agreement of the employer’s right, pursuant to section 23, to direct and distribute work, and the right to employ whomever the employer wanted to. As a reason for these standpoints, three main kinds of arguments p a r t i v, c h a p t e r 8 214 440 Konseljakt i justititedepartementets ärender, 2. 12. 1910 (Cabinet document. Ministry of Justice matters),Vol i.The National Archives Stockholm. 441 See, for example, the answers fromSvenska lantarbetsgifvareföreningen, Sveriges verkstadsförening, Magistraten i Söderhamn and Östersunds arbetsgifvareförening.
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