Flexibilitet kontra anställningstrygghet : En studie av svensk rätt vid inhyrning av personal när återanställningsrätt föreligger

Sammanfattning: Because of the globalization, the labor market has been thru some changes and the need to be flexible has increased. The need of flexibility can be met by using temporary staff that is rent from a temporary-work agency.   In Sweden the regulation in Section 25 of the Swedish Employment Security Act (LAS) give previous employees priority right to re-employment when the employer is hiring new staff.  If the employer hire staff from a temporary-work agency instead of hiring new staff the priority right to re-employment is not applicable. The Swedish court of labor have judged that it is accepted to hire staff when there are former employees that have priority right to re-employment.   In 2010 this was an issue surrounded by discussions from the trade unions. The result of the discussions in 2010 was regulations in collective agreements. This means that each sector has their own regulation. Because of a segregated labor market, the consequence can be unequal protection in this area.   The purpose of this paper was to see if the protection is unequal and it might be. If you interpret the regulations in the collective agreements by just reading what they say the collective agreement that regulate female dominated sectors have a lower, if any special protection.