Problems could also arise when a leasing company, which generally does not have its own production, leases staff to companies under different collective agreements. The question would then arise as to which trade union organisation should sign an agreement with the company, when each worker can be leased on a day-to-day basis to different companies with different collective agreements. A theoretical solution would be to follow the collective agreement for each client workplace. Such a solution is less likely, however, as it would involve a change in the collective agreement in the event of a change of employment. An Indian court has ruled that reimbursement of the costs that the taxpayer pays to his overseas company for workers under a secondment agreement is not taxable in India. (Global tax update:May 2017/India) The Ministry of Labour is now reviewing the views of the report of the Trade Unions and Employers` Commission, as well as other organisations and authorities, and plans to present a bill to Parliament in May 1998. If leasing companies continue to occupy an even larger share of the labour market and expand their activities to new economic sectors, labour unions will be forced to decide how they collectively negotiate for new workers. The trade union confederation LO will not accept that more and more workers are not covered by collective agreements and is working on a solution for the whole territory. It will be some time before the unions decide how to deal with the issue. (Jonas Bergstrom, NIWL) So far, “staff detachment” – when people with an employment contract with one company are hired to work in another company – has mainly affected office and business employees in Sweden. However, in recent times, the detachment of other categories, such as cleaning staff and truck drivers, has become commonplace. At a seminar in November 1997, union representatives expressed concern about this development, which is problematic, as it could lead to new groups of workers not being covered by collective agreements. Staff leasing remains dominated by the office and financial management sector, which means that the agreement between HTF and the organisation of services of the employers` organisation has been sufficient to guarantee the conditions of employment for the whole sector.
At a seminar held at the National Institute of Professional Life (Arbetslivsinstitutet) in November 1997, trade union representatives indicated that leasing companies were increasingly leasing workers, a trend that the Commission did not observe.