Introductory provisions
section 1 of this Act applies to workers employed by
employment agency in order to be leased to client companies for
work under the client company's control and management.
section 2 of an agreement whereby workers ' rights under
This law is being restricted is invalid in that part, if not something
subject to paragraph 3.
paragraph 3, By a collective agreement concluded or approved by the
a central workers ' organization, derogations may be made from
paragraph 6, provided that the agreement respects the
overall protection of workers referred to in
European Parliament and Council Directive 2008/104/EC of 19
November 2008 on temporary agency workers
staffing companies.
4 § a staffing company who is bound by a collective agreement
According to paragraph 3 of the agreement shall also apply to a worker who
not a member of the Contracting
workers ' organization. This applies as long
that the worker employed in such work as referred to in
Agreement and not subject to any other applicable
collective agreements.
Definitions
5 for the purposes of this Act, section
1. temporary agency "means any natural or legal person who has
workers employed in order to lease these to
client companies for work under the client company's control and
management,
2. user undertaking: any natural or legal person for whom
and under whose control and management agency workers
temporary works, and
3. the basic working and employment conditions: conditions
been established in a collective agreement or other binding General
rules applicable in the user undertaking concerning
a) hours of work, overtime, breaks, rest periods, night work,
vacation or holidays,
b) salary,
c) protection for children and adolescents, pregnant women, new mothers and
breastfeeding women, or
d) protection against discrimination based on gender, transgender
identity or expression, ethnicity, religion or
other belief, disability, sexual orientation
or age. Law (2014:961).
Responsibilities for staffing companies
Equal treatment
section 6, an agency shall, for the duration of a worker's
Mission in the user undertaking, ensure worker
at least the basic working and employment conditions
would have applied if he or she had been employed directly by
user undertaking to occupy the same job.
section 7 of the requirement of equal treatment in section 6 does not apply to workers
employed with special employment support, in protected
work or development work.
paragraph 8 of the requirement of equal treatment in section 6 in respect of wages does not apply
workers who have a permanent contract and must pay
between rental commissions.
Other obligations of staffing firms
section 9 of an employment agency shall not by conditions in a contract or
otherwise prevent a worker to accept employment
of a client company that he or she performs or performed the
work for.
section 10 of an employment agency may not request, agree or take
received compensation of a worker to place him/her in
a client company or to the employee takes employment
of a client company that he or she performs or performed the
work for.
Obligations for client companies
11 § A client companies to give workers working in
the company access to common facilities and
establishments where, under the same conditions as employees of the company,
unless there are special reasons against it.
section 12 of The user undertaking must inform workers working
with the company about available permanent jobs and
trial periods with the company. The information may be provided
in that it is made publicly available in the workplace.
Damages
section 13, an employment agency that violates section 6, 9 or 10 shall
pay damages to the employee for the loss
arise and of the violation that has occurred.
section 14 of The client companies that violate section 11 or 12 shall pay
damages to the employee for the loss incurred
and for the violations that have occurred.
section 15 If it is appropriate, reparation can be reduced or completely
fall away.
Statute of limitations
16 § Brought an action for damages for violation of section 6 of the
shall, in the case of vacation, proceedings may be brought within two years from
the end of the leave year in which the employee would have received the
the benefit that the action applies to.
Brought an action for damages due to the breach of section 12, shall
be brought within four months after the worker
become aware that someone employed at the vacant
employment, but no later than two years from
the time of employment.
In the case of other actions for damages under this Act shall apply
paragraph 64, 65 and 66 of the Act (1976:580) if
codetermination in the workplace when it comes the time within
the hearing must be requested or proceedings may be brought.
If a hearing is not requested or an action is not brought within
the prescribed time limit, the right to hearings and proceedings
lost.
Trial
section 17 Goals between workers and temporary agency workers or
between employees and client companies on the application of this
law to be dealt with under the Act (1974:371) about the trial in
labour disputes. For the purposes of the Act applies in disputes
between an employee and a customer company that provided for
for workers and employers.