Lojalitetsplikt i uthyrningsbranschen : - En uppsats om lojalitetsförhållandet mellan kundföretag och inhyrd arbetskraft

Sammanfattning: During the last part of the 20th century many companies has started to build their organizations on knowledge and information instead of manufacturing of products.  Today it is easier to communicate and spread information. At the same time the numbers of untraditional employments like temporary employments and workers from staffing agencies are increasing. Many organizations have higher employee turnover now than before. This allows more people to have access to confidential information, whose spreading might cause great damage for the employer. This essay aims to look into the protection of confidential information for the client against offenses from staffing agency workers that are working within the clients’ organization. Protection of confidential information is included in the duty of loyalty in terms of confidentiality, protection of trade secrets and competition clauses. Duty of loyalty lies within the employment contract between the agency employer and the staffing agency. Therefore the agency employer has no duty to be loyal against the client. For the agency worker to be able to perform the required work duties he or she might be provided with confidential information. Spreading of this information could cause damage for the client. Can the rules of justice that regulates duty of loyalty be applied on the relationship between the client and the agency worker?  What are the consequences of the rules that exist today? This essay is written with a juridical method and with sociology of law perspective. Other parts of the duty of loyalty is not included as well as the duty of loyalty for the employer. The conclusion is that the staffing agency is responsible for indemnity towards the client if an agency employer reviles confidential information about the clients’ organization.  Some rules of justice can be interpreted as an expression that duty of loyalty lays between the client and the agency worker. For example, the agency worker is bound by confidentiality in terms of the conditions at the clients’ organization.  Suggestions of changes in the regulations about protection of confidential information will force the agency worker to pay indemnity to the client if he or she reviles confidential information.   In staffing agencies there are twice as many immigrants than in the regular labor market. The rules of duty of loyalty can contribute to a holdback for immigrants that are working in staffing agencies. Immigrants will be at bigger risk of standing outside the general labor market than people born in Sweden because of static discrimination.