Law (2012:854) For The Hire Of Employees

Original Language Title: Lag (2012:854) om uthyrning av arbetstagare

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2012:854

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.