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Inhyrd personal under företrädesrättsperioden - ett lagligt sätt att kringgå LAS?

Wallin, Maja LU (2010) HARK13 20102
Department of Business Law
Abstract (Swedish)
In the Employment Protection Act there are rules about preferential right to re-employment in the case of employees who have been terminated due to redundancy. The preferential right is valid nine months from the day that the employment is terminated. There is no restriction in the Swedish labour law for an employer to use temporary agency workers. In the case where there are employees with preferential rights and the employer decides to use temporary agency worker, a dilemma occurs that allows the employer to circumvent the Employment Protection Act. It is this dilemma this essay is about. There are no restrictions in the legislation or in the case law set by the Labour Court for employers to use temporary agency workers during the... (More)
In the Employment Protection Act there are rules about preferential right to re-employment in the case of employees who have been terminated due to redundancy. The preferential right is valid nine months from the day that the employment is terminated. There is no restriction in the Swedish labour law for an employer to use temporary agency workers. In the case where there are employees with preferential rights and the employer decides to use temporary agency worker, a dilemma occurs that allows the employer to circumvent the Employment Protection Act. It is this dilemma this essay is about. There are no restrictions in the legislation or in the case law set by the Labour Court for employers to use temporary agency workers during the period of the preferential right. The Labour Court hasn’t found any procedure that they see as an illegal way of circumventing the Employment Protection Act. To say an employer is illegally circumventing the preferential right, the Labour Court has established that it must be made evident that there is a measure that has been taken in purpose to circumvent the current rules in an undue way. Today there is no clear answer of what is to be considered as an undue acting. (Less)
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author
Wallin, Maja LU
supervisor
organization
course
HARK13 20102
year
type
M1 - University Diploma
subject
keywords
bemanningsbranschen, kringgå, företrädesrätt, inhyrning av arbetskraft, LAS
language
Swedish
id
1702377
date added to LUP
2010-11-15 16:10:55
date last changed
2010-11-15 16:10:55
@misc{1702377,
  abstract     = {In the Employment Protection Act there are rules about preferential right to re-employment in the case of employees who have been terminated due to redundancy.  The preferential right is valid nine months from the day that the employment is terminated. There is no restriction in the Swedish labour law for an employer to use temporary agency workers. In the case where there are employees with preferential rights and the employer decides to use temporary agency worker, a dilemma occurs that allows the employer to circumvent the Employment Protection Act.  It is this dilemma this essay is about. There are no restrictions in the legislation or in the case law set by the Labour Court for employers to use temporary agency workers during the period of the preferential right. The Labour Court hasn’t found any procedure that they see as an illegal way of circumventing the Employment Protection Act. To say an employer is illegally circumventing the preferential right, the Labour Court has established that it must be made evident that there is a measure that has been taken in purpose to circumvent the current rules in an undue way. Today there is no clear answer of what is to be considered as an undue acting.},
  author       = {Wallin, Maja},
  keyword      = {bemanningsbranschen,kringgå,företrädesrätt,inhyrning av arbetskraft,LAS},
  language     = {swe},
  note         = {Student Paper},
  title        = {Inhyrd personal under företrädesrättsperioden - ett lagligt sätt att kringgå LAS?},
  year         = {2010},
}