The writings of Undén and Ekeberg, two of the most predominant legal profiles in Sweden at the end of the 1920s, were apt to promote the demands for mandatory arbitration and the binding force of collective agreements.These conclusions were aimed at promoting the collective agreements as instruments of a peace obligation.They were also in line with the employers’ demands rather than those of the workers. From a comparative perspective, one can note that several writers, for example, Nordling, Hasselrot, Undén,Wikander, were more or less openly inspired by current German legal science. Nevertheless, a distinguishing feature was that the Swedish writers in general did not follow their German colleagues style of basing legal scientific conclusions upon metaphors such as Gemeinschaft or Eingliederung, or the French “theorie institutionnelle”. In general, the Swedish debate was more characterised by pragmatism, linking to common law’s as well as the Danish and Norwegian realistic doctrines’ notions about immanent terms and “the nature of things”. In the end, however, the content was the same, namely that the employment relationship fundamentally meant inequality between the parties and an authoritarian relationship of obedience. In 1929 the labour court was established for solving disputes about collective agreements.Already during its first year of activity, the worker’s duty of obedience was placed in focus.Within less than a year from the start, the court laid down an important “standard interpretation rule”. In the case 1929:29, the court declared that a collective agreement “must be considered to imply” that the worker was obliged to perform all tasks on behalf of the employer which “naturally” lay within the framework of the collective agreement to which the employee’s original work belonged, provided that they were not outside the employee’s professional qualifications.Thus, the court considered the issue c o n t i n u i t y a n d c o n t r ac t 313 The labour court as lawmaker 1929 -34
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