Family Ties in Swedish Employment Law

Abstract

Members of an employer’s family are exempted from the Swedish Employment Protection Act. This exception, which may be seen in the light of the ban on discrimination on the grounds of family status of EC law, strengthens the prerogative of the employer. It may result in the working party having no employment contract, pay, or other benefits and also no union membership or other connection to the labour market. It also typically increases the dependence of an employer’s spouse, counteracting the aim of mutual autonomy between spouses in Swedish family law. This dependence in turn may acquire a new meaning in a context of an international labour market, a growing income gap, and an increasing dependence on the family for survival. This paper explores these contradictions, posing questions such as the following: How has this exception changed with the development of society? How has it historically been justified and which societal values does it mirror? How has the personal scope of the exception been defined and what effects does the exclusion have today for family members, both legally and practically?