Fixed-term Work in Nordic Labour Law

Abstract

This article describes the regulation of fixed-term work and its most recent developments in Denmark, Finland, Norway and Sweden. Regulations are analyzed against the background of the Fixed-term Work Directive 1999/70/EC. Legal developments of employment protection and the scope of fixed-term work are supposed to interrelate. Norway has the lowest incidence of fixed-term work (9 per cent in 2000) followed by (neglecting Denmark with 10.2 per cent in 1999) Sweden and then Finland (13.9 per cent and 18.2 per cent in 1999, respectively). This reflects the relative differences regarding the legal scope for fixed-term work. Denmark represents a legal system without any statutory restrictions on the use of fixed-term work. In Finland the legitimate scope for fixed-term contracts is restricted to those cases in which there are justifiable reasons. In Sweden legislation forms a rather intricate pattern of restrictions in the form of requirements on justifying reasons for and/or maximum duration of such contracts. Norway has the most strict statutory framework. The approach thus varies a great deal. The Danish solution — because of lower barriers in between the different modes of employment — is claimed to be closer to the equal treatment approach than Norwegian and Swedish law (as it stands) and is in this sense closer to the Fixed-term Work Directive.