Criminalisation as a response to low wages and labour market exploitation in Sweden

Erik Sjödin

doi:10.1177/20319525211038015

Abstract

It is hard to determine when adverse labour conditions become exploitation. As of July 1, 2018, ‘human exploitation’ is criminalised in Sweden, with penalties up to ten years prison. The crime of ‘human exploitation’ occurs when someone, through unlawful coercion, misleads, exploits another person’s position of dependence, lack of protection, or difficult situation, or exploits another person in forced labour, work under obviously unreasonable conditions or begging. This article describes how disputes concerning low wages are to be handled within the Swedish model for labour market regulation, and contrasts this with the novel crime that adds a criminal law element to this otherwise civil law-oriented model.

Highlights

Many Swedes were surprised by President Trump’s words suggesting something had happened in Sweden during the night of February 16 2017
The introduction of the crime of human exploitation may be perceived as a reaction to increased stratification on the labour market rendering the usual elements of private law insufficient to counteract the unscrupulous abuse of workers in the lower strata of this labour market.[4]
Jennifer Collins has stated that exploitation in work relations can be described as having three components: First, a worker needs to be vulnerable in relation to an employer

Summary

Introduction

Many Swedes were surprised by President Trump’s words suggesting something had happened in Sweden during the night of February 16 2017. The OECD has recently identified a growing income inequality due to ageing, structural factors and immigration.[3] The introduction of the crime of human exploitation may be perceived as a reaction to increased stratification on the labour market rendering the usual elements of private law insufficient to counteract the unscrupulous abuse of workers in the lower strata of this labour market.[4]. Some fundamental elements of Swedish labour law will be introduced Following this general presentation, I provide examples of when the model operates as it is supposed to, and when it is insufficient, so as to illustrate the need for the new crime.

OECD Economic Surveys

Findings

Conclusion