Employment law for recruitment agencies
Companies that work with the hiring and recruitment of personnel for client companies face both labor and business law challenges. The hiring business is regulated by Act (2012:854) on temporary employment of workers, which requires that hired personnel have equivalent working conditions as if they were directly employed by the client company. According to the same law, consultants are entitled to permanent employment with the client company if they have been hired for more than 24 months during a three-year period, provided that the hiring continues.
Recruitment agencies must not only ensure that they comply with these regulations, but also that their client agreements harmonize with the employment contracts entered into with the consultants. Operating in an industry where the relationship between recruitment agencies, consultants and client companies is so central requires that all legal aspects be handled correctly, to minimize risks and focus on the core business – finding and matching the right talent with the right client companies.
What we can help recruitment agencies with
We offer a wide range of services to help recruitment agencies manage employment and legal challenges:
- Negotiations with unions: We assist in all types of negotiations with unions, including dispute negotiations, consultations, co-determination negotiations and interest negotiations. These may involve dismissals due to lack of work, negotiations in the event of dismissal for personal reasons or dismissal, as well as negotiations regarding salary demands, salary revisions or changes in employment conditions.
- Preparation of negotiation documents: We help draw up notices, minutes and other documents necessary to conduct proper negotiations with unions and other parties.
- Advice on collective agreements: We offer advice and training on how recruitment agencies should apply collective agreements in their operations, to ensure that they comply with both the law and the agreements correctly.
- Advice on signing and terminating collective agreements: We assist in signing or terminating collective agreements, and provide strategic advice on how these agreements are best managed in relation to the needs of the business.
- Advice on compensation issues: We assist both when a union claims damages from the employer, and when the employer wants to claim damages from the union, for example in the event of a breach of a collective agreement. We also handle individual agreements between employers and unions, which are considered collective agreements.
- Strategic consulting: We provide advice on the governance and execution of operational issues, including how collaboration with local trade unions can be improved and optimized.
- Preparation of customer and employment contracts: We help draft and review both client agreements and employment agreements for consultants, ensuring that the agreements comply with applicable legislation and are compatible with each other.
- Advice on disputes with client companies: We offer support in any disputes that arise between recruitment agencies and client companies, including questions about the consultant's performance or employment conditions.
- Management of relocations and transitions of consultants: We provide advice on how consultants transition to the client company after a certain period of hire, and handle all legal aspects of the transition.
- Compliance with rental regulations: We help recruitment agencies comply with the law on temporary employment, including work environment issues, employment conditions and dismissals.
Our knowledge articles in employment law for recruitment agencies
Is your consultant actually employed?
Employee versus contractor/consultant An employee is a person who is employed...
