Hellre trygg och uthyrd än otrygg och anställd?

Sammanfattning: In Sweden the employer’s labour management rights include the right to take a decision of hiring agency workers. Employment Protection Legislation protects workers and thereby the rules can restrict the employer’s reserved right to manage the business. Agency work was legalized only in 1991 on the Swedish labour market. The discussion of employment agencies often arises from employment protection rules that prevent or restrict the decision to hire labour by the employer. At the same time the employees express that agency workers could be a threat towards their job security by circumvention of the provisions of employment law. In legalisation proposals, in practice and in legal discussions there is frequently a debate of balancing of interests between the employers’ need for flexibility and the employees' need of a secure employment. Also within the EU, employment agencies have been a subject of discussion. In 2008, the European Parliament and the Council approved Directive 2008/104/EG on temporary agency work. The directive provides a principle of equal treatment for agency workers. It also contains a barrier trial principle that the member states should undertake a review of obstacles and restrictions in national laws and collective agreements concerning the question of hiring labour. The Directive was implemented into Swedish law in 2012 and in the preamble to this law such preventions and limitations of agency work were discussed. I believe that employment agencies are an important part of the development of a flexible labour market. Swedish legislation promotes the employer's need for flexibility to a certain extent. However, there are certain provisions in Swedish labour law that should be discussed and possibly renewed concerning employment agencies. This work is mainly written from the employer's perspective and the aim is to highlight the importance of employment agencies for the employer's increased need for flexibility.