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Uppsägning på grund av arbetsbrist: Återanställning via bemanningsföretag
Linnaeus University, Faculty of Business, Economics and Design, Linnaeus School of Business and Economics.
2010 (Swedish)Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE creditsStudent thesis
Abstract [en]

Enlargement of the possibility to hire staff is irreversible since the occurrence of the Law on private- and temporary employment (Lag (1993:440) om privat arbetsförmedling och uthyrning av arbetskraft), which was created in the early 1990s. Prior to the law, employment services had monopoly on mediating service labor. What has happened is that the employer chooses to terminate staff due to shortage of work, and then lease the former staff through an employment agency. The staff performs the same tasks as before, but is hired without taking the primacy of law into account.

In recent years, both the Swedish and the foreign labor market have undergone major changes due to the current recession. Changes that have led to an increase of alternative forms of employment and the labor market’s flexibility have grown to keep up with the rapid fluctuations that have occurred. The possibility for employers to use the above mentioned law to hire staff has evolved. The legislation was introduced as a step to open up for easier movement within the European Union. The plan was to create a single labor market into which all persons covered by the Agreement shall be admitted, and every person should be equal irrespective of their origin. Employers choose to, regardless of their needs of stable labor, to deprive people of a firm linked to their workplace. Security and predictability for employees and employers ceases to be visible. This makes it harder for people to progress in their work, take responsibility, and organize themselves in order to create better conditions. These were a few of the reasons for why the Security of Employment Act (LAS) was created.

The purpose of this paper is to illuminate the underlying reasons why permanent employees are terminated due to redundancy and then re-employed the next day to work as agency staff with the exact same duties as they had before. The investigating questions will look in to what the law regulates and the potential benefits employers may receive by implementing the law. There are discussions within a European legal perspective on the background to the legislation, as well as temporary workers individual rights regarding equal treatment. Changes occur in the labor market as well as in the legislation, and the ability to hire staff has a leading role. The aspects which influenced the emergence of this approach are discussed in the analysis and provide solutions for a good response to the procedure.

Place, publisher, year, edition, pages
2010. , 54 p.
Keyword [en]
Labor, unjustified dismissal, redundancy, the employer's management rights, prerogatives, flexibility, equality.
Keyword [sv]
Arbetsrätt, saklig grund, arbetsbrist, arbetsgivarens ledningsrätt, företrädesrätt, flexibilitet, likabehandling.
National Category
Law (excluding Law and Society)
Identifiers
URN: urn:nbn:se:lnu:diva-2184OAI: oai:DiVA.org:lnu-2184DiVA: diva2:309235
Presentation
(English)
Uppsok
Social and Behavioural Science, Law
Supervisors
Examiners
Available from: 2010-05-06 Created: 2010-04-06 Last updated: 2010-05-11Bibliographically approved

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CiteExportLink to record
Permanent link

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Cite
Citation style
  • apa
  • harvard1
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf