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Bemanningsarbete, flexibilitet och likabehandling. En studie av svensk rätt och kollektivavtalsreglering med komparativa inslag

Berg, Annika LU (2008) In Skrifter utgivna vid Juridiska Fakulteten i Lund, Nr 164. Norma - Normative Development within the Social Dimension, 10.
Abstract
Temporary agency work has come to the fore during recent years as the phenomenon in itself has become more frequent on many national labour markets. This thesis examines how, by means of labour law and collective bargaining, the balance between, on the one hand, the employers’ need for flexibility, and on the other hand, the work-force’s need for stability and continuity in the form of income and employment protection, has been struck. The flexibility analysis focuses the legal scope for numerical flexibility and financial flexibility for traditional employers and temporary work agencies, respectively. Numerical flexibility relates to the employers’ possibilities to adapt the size of the work-force and the number of working hours to the... (More)
Temporary agency work has come to the fore during recent years as the phenomenon in itself has become more frequent on many national labour markets. This thesis examines how, by means of labour law and collective bargaining, the balance between, on the one hand, the employers’ need for flexibility, and on the other hand, the work-force’s need for stability and continuity in the form of income and employment protection, has been struck. The flexibility analysis focuses the legal scope for numerical flexibility and financial flexibility for traditional employers and temporary work agencies, respectively. Numerical flexibility relates to the employers’ possibilities to adapt the size of the work-force and the number of working hours to the varying demands for manpower. Financial flexibility, in turn, relates to the employer’s possibilities to adjust labour costs in relation to the results and profits of the business and the individual employee’s productivity and knowledge. Strategies to increase flexibility in any of these dimensions also relate to the employees’ terms and conditions of employment and employment protection. Where permanently employed agency workers are covered by agreements that provide income protection guarantees as regard periods between assignments, the employment situation can be characterized as permanent employment both de jure and de facto, although, as a rule, not as full-time employment, as the principles for wage protection are usually indicated as percentages of full-time. (Less)
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author
supervisor
opponent
  • Professor Malmberg, Jonas, Uppsala universitet
organization
alternative title
Temporary agency work, flexibility and equal treatment. A study of Swedish law and collective agreements with comparative elements
publishing date
type
Thesis
publication status
published
subject
keywords
komparativ rätt, EG-rätt, flexibilisering av arbetslivet, kvalitativ flexibilitet, perifer arbetskraft, bemanningsarbete, likabehandling, arbets- och anställningsvillkor, extern arbetskraft, icke-diskriminering, deltidsarbete, fördelning av ekonomisk risk, visstidsarbete, svensk rätt, arbetsrätt, tysk rätt, löneflexibilitet, engelsk rätt, kvantitativ flexibilitet, ILO-konventioner, kollektivavtal
in
Skrifter utgivna vid Juridiska Fakulteten i Lund, Nr 164. Norma - Normative Development within the Social Dimension, 10.
pages
391 pages
publisher
Juristförlaget i Lund
defense location
Pufendorfsalen, Juridiska institutionen (Tryckeriet), Lilla Gråbrödersgatan 3 C, i Lund
defense date
2008-05-09 10:15
language
Swedish
LU publication?
yes
id
548ef672-a671-4722-992a-aca39f2623dc (old id 1056707)
date added to LUP
2008-04-10 14:42:16
date last changed
2016-09-19 08:45:12
@misc{548ef672-a671-4722-992a-aca39f2623dc,
  abstract     = {Temporary agency work has come to the fore during recent years as the phenomenon in itself has become more frequent on many national labour markets. This thesis examines how, by means of labour law and collective bargaining, the balance between, on the one hand, the employers’ need for flexibility, and on the other hand, the work-force’s need for stability and continuity in the form of income and employment protection, has been struck. The flexibility analysis focuses the legal scope for numerical flexibility and financial flexibility for traditional employers and temporary work agencies, respectively. Numerical flexibility relates to the employers’ possibilities to adapt the size of the work-force and the number of working hours to the varying demands for manpower. Financial flexibility, in turn, relates to the employer’s possibilities to adjust labour costs in relation to the results and profits of the business and the individual employee’s productivity and knowledge. Strategies to increase flexibility in any of these dimensions also relate to the employees’ terms and conditions of employment and employment protection. Where permanently employed agency workers are covered by agreements that provide income protection guarantees as regard periods between assignments, the employment situation can be characterized as permanent employment both de jure and de facto, although, as a rule, not as full-time employment, as the principles for wage protection are usually indicated as percentages of full-time.},
  author       = {Berg, Annika},
  keyword      = {komparativ rätt,EG-rätt,flexibilisering av arbetslivet,kvalitativ flexibilitet,perifer arbetskraft,bemanningsarbete,likabehandling,arbets- och anställningsvillkor,extern arbetskraft,icke-diskriminering,deltidsarbete,fördelning av ekonomisk risk,visstidsarbete,svensk rätt,arbetsrätt,tysk rätt,löneflexibilitet,engelsk rätt,kvantitativ flexibilitet,ILO-konventioner,kollektivavtal},
  language     = {swe},
  pages        = {391},
  publisher    = {ARRAY(0xcbe6790)},
  series       = {Skrifter utgivna vid Juridiska Fakulteten i Lund, Nr 164. Norma - Normative Development within the Social Dimension, 10.},
  title        = {Bemanningsarbete, flexibilitet och likabehandling. En studie av svensk rätt och kollektivavtalsreglering med komparativa inslag},
  year         = {2008},
}