This thesis concerns the use of temporary agency workers (temps) in the Danish labour market due to the significant growth in the use of them. The legal part of the thesis analyses the employment rights for temps concerning relevant labour legislation and in the collective part, during their assignment and how new legislation might change this. The conclusion is that there is some uncertainty about their position. It is up to a concrete judgement to decide if the relevant labour law or collective agreement covers them. Verdicts given by labour arbitration gives directions and the circumvention of the collective agreement, the parties included in the collective agreement negotiations have a big impact of which collective agreement apply for the temps. The legislation for temporary agencies will ensure temps during their assignments through the principle of equal treatment. This principle concerns the employment conditions of temps and shall be, for the duration of their assignment, at the user undertaking. The law gives an opportunity to differ from the principle if the temp is already covered by a collective agreement. The law will have small influence because temps already are regulated in collective agreements. The economical analysis is about why there has been a growth in use of temporary agency workers and why businesses are using temps when the Danish labour market is known for its easy way of hiring and firing employers. The conclusion is that the main reason for temporary agency growth is the liberation of the market and the lack of qualified labour through the 00’s. The market is suffering from low entrance barrier creating an overcapacity and high competition. The temps are therefore used as a buffer to the businesses numerical workers. The use of temps could marginalise the group and there is a risk that they might be “outsiders” in the flexicurity model. The analysis concludes however, that wages and working conditions for temps have become normalised and they are now considered as “insiders” in the flexicurity model. The integrated analysis discusses the impact and need for more legislation for temps. The conclusion is that the law is efficient and changes will have an insignificant impact.
|Educations||MSc in Commercial Law, (Graduate Programme) Final Thesis|
|Number of pages||99|