Likabehandlingsprincipen i uthyrningslagen - om lön för arbetare inom bemanningsbranschen

Detta är en Kandidat-uppsats från Linnéuniversitetet/Institutionen för ekonomistyrning och logistik (ELO)

Sammanfattning: In Sweden has the temporary agency work industry settled in an explosive way since the deregulation of the unemployment agency monopole in 1993. The demand of civil right for the employer that is rented out confronts the entire labour law regulation with new challenges. The purpose with this paper is an investigation of the principle of equal treatment in The Swedish temporary agency work act and also to create a deeper understanding of the effects of labour and employment relationship. An investigation of relevant collective agreements will be done to highlight the difficulties the principal of equal treatment is exposed to. Further on is there a will to gain understanding for the wage concept and what possible can be included in the wage concept in relation to the principal of equal treatment in The temporary agency work directive. By using the dogmatic method, an approach to descriptive identifying relevant sources of law and clarify the legal situation in the area. In the conclusions it will be determined that the principle of equal treatment in The Swedish temporary agency work act have different effects depending on if the temporary agency or if the client corporation is tied to an collective agreement alternative if a collective agreement is completely missing. Since the temporary agency work industry do not have complete coverage ratio by collective agreements cannot the principal of equal treatment with respect to wages be guaranteed for all workers that are rented by the temporary agencies. Further on is noted that the temporary workers agreement that regulates working and conditions of employment for workers in temporary agency work industry, is present only available in the Swedish language. Mainly is it the measurement model of average earning positions that is the basis for wage setting for those workers that are rented out. The model is deemed to be somewhat complex and difficult to understand. Given the above, and as well that people with migrant backgrounds are well represented within the temporary agency industry, it is considered a reasonable action to provide collective agreement in various languages. To offer collective agreements on workers, respective language, would mean that any linguistic confusions is been taken care of and all workers, regardless of ethnicity, may take part in collective agreement on equal terms.

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