Förbigående av företrädesrätten till återanställning med hjälp av bemanningsföretag : -Att anses som ett kringgående av LAS?

Sammanfattning: The aim of this essay is to discuss the problems concerning the right of priority for re-employment in connection to employing temporary agency workers. This will be done with the help of relevant laws, preparatory work and literature that fall within the scope of the legal dogmatic method. Using temporary personnel is becoming considerably more common throughout the Swedish workplace. In recent years there has been a rapid growth of work agencies and a tendency to employ temporary personnel. At the same time employees are made redundant, suffering the consequences that arise from the workplace failing to abide by the rules of re-employment. In order to claim that the employer has failed to follow the right of priority for re-employment, evidence must be sufficient. It must also show that the employers’ actions were unfit in relation to the circumstance. It is difficult to identify whether the employer has failed to follow the right of priority for re-employment. The aim, measures and actions of the right of priority for re-employment must be reassessed in order to apply the law effectively. Unfortunately, in comparison to the labor management rights act, the right of priority for re-employment is easily bypassed.