Do employment agency employees have less favourable conditions than other employees?
Employment agencies affiliated to Kompetensföretagen (the Competence Agencies of Sweden) are signed up to collective agreements. They regulate i.e holiday entitlement, pension conditions, working hours etc.
How are pay rates set for employment agency employees covered by the LO agreement?
The LO agreement for the employment agency sector sets pay rates as an average of the pay rates for the agreements already in force at the customer where the employee is working. Effectively that means to many, a higher level of pay than they would have received, had they been employed by the customer company
What does an advance notice to Kompetensföretagen mean?
Initially, the notice represents a block on new recruitment, overtime and part-time
employee overtime at all companies affiliated to Kompetensföretagen.
What can the employer do before a dispute breaks out?
During the period of notice, the employer’s planning and work should as far as possible be focused on mitigating the impending strike’s effects on the company and third parties.
How does the employer know who will be taking part in the dispute?
The employer is entitled to establish who intends to take part in the dispute or to use the right to remain neutral, such that the employer can prepare for any dispute and is able to fulfil legal obligations and those under agreements.
Is it permitted to collect information as to who is thinking of taking part in the dispute?
The employer is entitled to prepare for any dispute in order to be able to fulfil legal obligations and those under agreements. Any claim from the trade union side to the effect that this would represent a “breach of constitutional rights” and a “registration of opinions” is entirely wrong. If the trade union has encouraged its members not to answer the question of whether they are thinking of taking part in the dispute or not, the employer may, in order to obtain an idea as to the extent of the impending strike, make use of documentation, for example from the latest pay review (or any other more recent lists) or payroll deductions for trade union membership, as a basis for planning.
Who will be involved in a dispute?
A trade union organisation can order its own members to take part in a dispute. This means that only members of the trade union that had given notice of the dispute are required to strike. Those who are covered by a different collective bargaining agreement will not take part in the dispute and are required to continue working as normal. Non-members do not take part in the dispute either and are required to continue working as normal. However, they are entitled to take a neutral position, stand aside and not “get involved” in the ongoing dispute. Non-members who do not intend to work during the conflict may apply for leave of absence on the basis of their right to remain neutral. In such cases, payroll deductions are made during the period of the dispute.