Frihet från underordning. En kritisk rättsvetenskaplig studie av diskriminering av deltidsarbetande och visstidsanställda (Freedom from subordination. A critical legal study of discrimination of part-time and fixed-term workers)

Sammanfattning: This dissertation deals with discrimination of part-time and fixed-term workers. The EU directives on part-time and fixed-term work, as well as Swedish law in the same area, are the starting point of the analysis. The aim is to offer a reading of discrimination law as an instrument for freedom from subordination. Inspiration is found in critical legal positivism’s idea of the autonomous individual as central to the deep structure of modern law. The dissertation gives an analysis of common denominators of discrimination law, and of connections between discrimination law and subordination. Discrimination of part-time and fixed-term workers is compared to other types of discrimination. Furthermore, discrimination of part-time and fixed-term workers, as well as other legal instruments in the part-time and fixed-term work directives, is analysed in terms of employee subordination and freedom. The study also includes a discussion of the status of “work on demand” employment relationships according to Swedish labour law. In addition to the analysis of labour law regulation, the dissertation provides a discussion of Swedish social security law in relation to part-time and fixed-term work. Entitlement to unemployment benefit, sickness benefit and parental allowance is examined.