Inhyrd personal under företrädesrättsperioden - ett lagligt sätt att kringgå LAS?
(2010) HARK13 20102Department 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)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/1702377
- author
- Wallin, Maja LU
- supervisor
- organization
- course
- HARK13 20102
- year
- 2010
- 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}}, language = {{swe}}, note = {{Student Paper}}, title = {{Inhyrd personal under företrädesrättsperioden - ett lagligt sätt att kringgå LAS?}}, year = {{2010}}, }