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Företrädesrätt enligt LAS, särskilt 25a § LAS - Inskränkning i arbetsledningsrätten?

Nilsson, Petra (2009)
Department of Business Law
Abstract
The employer has always played a dominant role in the Swedish labor market,
developments during 1900-century, however, sought to restrict the employer's
management rights under the law and agreements. 1997 came § 25a LAS,
preferential rights for part-time employees to higher levels of employment.
Lunning believe that legislative and preparatory work to § 25a LAS do not give
answers to all application questions. The main purpose of the paper is to identify
how the right of priority in LAS, especially 25a § will affect the management
rights. 25a § LAS is not about employment in the established sense, but about the
rules which provide part-time employees the opportunity to extend their working
time in their contract. As a prerequisite for the... (More)
The employer has always played a dominant role in the Swedish labor market,
developments during 1900-century, however, sought to restrict the employer's
management rights under the law and agreements. 1997 came § 25a LAS,
preferential rights for part-time employees to higher levels of employment.
Lunning believe that legislative and preparatory work to § 25a LAS do not give
answers to all application questions. The main purpose of the paper is to identify
how the right of priority in LAS, especially 25a § will affect the management
rights. 25a § LAS is not about employment in the established sense, but about the
rules which provide part-time employees the opportunity to extend their working
time in their contract. As a prerequisite for the precedence given to the employer's
labor needs are satisfied by the part-time employee hired with higher levels of
employment and is qualified for the new tasks. AD 2009 No. 9 is one of the two
court cases as a result of § 25a LAS. AD states in the case preparatory statement
that workers' desire for greater working time should not come before the
employer's right to organize their activities. Employers decide whether and who
should be recruited under the premise that the employer's decision is not guilty of
discrimination or ignore any preference eligible employees. “The requirement for
increased working time is to be realized within the framework of the existing
system”2
I believe that a law on preferential treatment for part-time employees
to higher employment is a somewhat drastic measure. The labor market will not
benefit from having more people with higher employment rate than that more
people have employment. The labor regulations should be designed to promote
local solutions and thus increase opportunities for business custom solutions. Labor law must be long-term and stable enough to be able to operate in both
adversities as prosperity. (Less)
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author
Nilsson, Petra
supervisor
organization
year
type
H1 - Master's Degree (One Year)
subject
keywords
LAS, företrädesrätt, återanställningsrätt, företrädesrätt till högre sysselsättningsgrad, inhyrd arbetskraft, Juridical science, Rättsvetenskap, juridik
language
Swedish
id
1454281
date added to LUP
2009-06-17 00:00:00
date last changed
2010-08-03 10:52:33
@misc{1454281,
  abstract     = {The employer has always played a dominant role in the Swedish labor market,
developments during 1900-century, however, sought to restrict the employer's
management rights under the law and agreements. 1997 came § 25a LAS,
preferential rights for part-time employees to higher levels of employment.
Lunning believe that legislative and preparatory work to § 25a LAS do not give
answers to all application questions. The main purpose of the paper is to identify
how the right of priority in LAS, especially 25a § will affect the management
rights. 25a § LAS is not about employment in the established sense, but about the
rules which provide part-time employees the opportunity to extend their working
time in their contract. As a prerequisite for the precedence given to the employer's
labor needs are satisfied by the part-time employee hired with higher levels of
employment and is qualified for the new tasks. AD 2009 No. 9 is one of the two
court cases as a result of § 25a LAS. AD states in the case preparatory statement
that workers' desire for greater working time should not come before the
employer's right to organize their activities. Employers decide whether and who
should be recruited under the premise that the employer's decision is not guilty of
discrimination or ignore any preference eligible employees. “The requirement for
increased working time is to be realized within the framework of the existing
system”2
I believe that a law on preferential treatment for part-time employees
to higher employment is a somewhat drastic measure. The labor market will not
benefit from having more people with higher employment rate than that more
people have employment. The labor regulations should be designed to promote
local solutions and thus increase opportunities for business custom solutions. Labor law must be long-term and stable enough to be able to operate in both
adversities as prosperity.},
  author       = {Nilsson, Petra},
  keyword      = {LAS,företrädesrätt,återanställningsrätt,företrädesrätt till högre sysselsättningsgrad,inhyrd arbetskraft,Juridical science,Rättsvetenskap, juridik},
  language     = {swe},
  note         = {Student Paper},
  title        = {Företrädesrätt enligt LAS, särskilt 25a § LAS - Inskränkning i arbetsledningsrätten?},
  year         = {2009},
}