Inhyrd arbetstagare till tillsvidareanställd hos kundföretag efter 24 månader - En arbetsrättslig undersökning om syftet med 12 a § uthyrningslagen samt dess utmaningar för arbetstagare, bemanningsföretag och kundföretag

Sammanfattning: On June 30, 2022, a reformed labor law came into effect, but it began to apply on October 1. This mainly involved changes to the Employment Protection Act, but also introduced a new provision in the Temporary Agency Work Act. The purpose of these changes in the legislation is to increase both flexibility and mobility in the labor market, while also creating greater security and predictability for both employers and employees. The provision aims to prevent temporary agency workers from being permanently leased to the same client company. It requires client companies to offer a permanent employment contract or, alternatively, provide compensation to a worker who has been employed through a temporary agency and worked at the same operating unit of the client company for more than 24 months during a period of 36 months. In addition to adapting to the current labor market situation, this provision aligns with two recent judgments issued by the Court of Justice of the European Union. These judgments reaffirmed that member states should ensure that temporary agency workers are not permanently leased to the same client company. As the consequences of the new regulation have not been able to be concretized since the 24-month employment period will be exceeded from October 1, 2024, this essay aims to explore the potential effects on the parties involved: temporary agency workers, staffing agencies and client companies. Offering temporary agency workers permanent employment contracts at a client company can have several benefits. For example, this means greater job security for employees in the form of a more stable employment. For client companies, it can mean retaining valuable labor force that is experienced within the company and familiar with its culture and routines. For staffing agencies, this can entail developing a stronger relationship with client companies. However, there may also be disadvantages. Employees face the risk of being placed at a lower position in the seniority list due to the loss of employment tenure. For client companies, this can mean increased costs and an administrative burden. It can also reduce their flexibility in adjusting the workforce according to their needs. For staffing agencies, it can mean increased risk of losing clients and assignments becoming shorter than planned if the employee has been leased out to the client company before.