Kan inhyrning av personal utgöra ett otillåtet kringgående av företrädesrätten?

Sammanfattning: The purpose of this paper is to highlight the issue of preferential rights in relation to the increased practice of hiring temporary staff. The object is illuminated from a diversity perspective by seeing what a circumvention of the preferential rights may have consequences for vulnerable groups on the Swedish labor market.   The question of preferential rights to reinstatement is controlled in  The Employment Protection Act. The preferential right is for the protection of workers made redundant due to redundancy. The use of agency workers has increased significantly in the Swedish labor market since the industry's legalization in 1993. This has created some problems in terms of preferential rights.   To a circumvention of the law, shall exist requires that the measures constitute circumvention is justified, measures should have been sought to circumvent the law and been unfair in view of the particular case. Hiring of staff is not considered as a new employment, which is the requirement to invoke preferential rights, thus causing it to staff hiring is legitimate action under the preferential time.   To reduce the abuse of the right of priority, I believe that the application of law should be changed so that it takes into account the triangular available on today's labor market.