Företrädesrätt till återanställning
- En begränsning enligt bemanningsdirektivet mot arbetskraft som hyrs ut av bemanningsföretag?
Temporary work agencyThe directive 2008/104/EC on Temporary agency workRestrictions and prohibitionsReemploymentBemanningsföretagBemanningsdirektivDirektiv 2008/104/EG om arbetstagare som hyrs ut av bemanningsföretagBegränsningar eller förbudFöreträdesrätt till återanställning
In the directive 2008/104/EC on Temporary agency work there is a regulation concerning that there shouldn?t be any restrictions or prohibitions in national legislation if it can not be attributed to the public interest. According to that the purpose of this paper is to investigate whether the Swedish law about reemployment in 25 § LAS is a restriction for temporary work agencies, it?s role on the labor market and also to investigate what consequences a restriction can have from a diversity perspective. To fulfill the purpose I have been using a legal dogmatic method based on determination of the current law.I have by the legal research determined that reemployment is not a restriction for temporary work agencies. The Swedish Labor Court has established this through inter alia two judgments about hiring temporary employees while workers still had their rights to reemployment. Both of the judgments indicate that it is today permitted when the purpose not is to circumvent the law. In cases where the employer's purpose is to circumvent the law it can be seen as a limitation of temporary work agencies since the law does not allow this. I note that such procedure can be attributed to the public interest and that the legal regulation in Sweden works. The investigation highlighted 38 § MBL as a form of a limitation on temporary agencies as employers are forced to primary negotiation before they hire agency staff and hence this legal regulation abolished.The industry of temporary work agency is an important part of the Swedish labor market because of its over-representation of young workers and immigrants who contributes with diversity but it is also important because it is considered as promoting flexibility. Restrictions and prohibitions in Swedish law could result in difficulties for the industry of temporary agency work to play a role in the labor market while vulnerable groups could lose its way in to the labor market.Keywords: Temporary work agency, the directive 2008/104/EC on Temporary agency work, restrictions and prohibitions, reemployment.