c o n t i n u i t y a n d c o n t r ac t 225 agreements exposed considerable differences of opinion regarding both the question of whether established practice on the labour market could and should be transformed into positive law at all, as well as the issue whether possible legislation should confirm the obligations of the employees and employers pursuant to section 23. The Social Democratic representatives and the trade unionists stated that in principle they recognised the right of direction of the employer as “natural”, but they opposed legislation that did not provide restrictions on or correctives to the abuse of that right. At the same time, the bills entailed an attempt to demarcate the duty of obedience for workers who had been engaged for a certain kind of work, which encountered stiff opposition from employers and conservative members of parliament. In support of the proposals, it was argued that they contained pre-contractual conditions concerning the subordination of the employee. This argumentation was based to a great extent on references to inalienable rights,“the nature of things”, or that the employer’s superior position was necessary to provide for the common good.The proposed acts at the same time clearly showed the ambition of the state to transform the custom of collective self-regulation into legal text. The opposition of the Liberals and the Social Democrats that section 23 would apply to both collective agreements and individual labour agreements led to an attempted compromise in 1910.The section was struck from the proposed act on collective agreements at the same time as certain “ethical” rules disappeared from the proposal on individual labour agreements. However, the changes were made with clear reservations that the principles were natural and necessary and were part of the precontractual conditions in every labour agreement independent of legislation. Obviously, certain principles that were related to the old Statute on Hired Servants were regarded as being part of the free labour agreement as some kind of “naturalia negotii”.
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