Arbetsgivarens rehabiliteringsansvar vid sjukdom

Detta är en Kandidat-uppsats från Lunds universitet/Institutionen för handelsrätt

Sammanfattning: The purpose of this essay is to examine the employer’s obligation for adjustment interventions and re-employment before a dismissal can take place. The essay will mainly analyse the employer’s responsibility for adjustment interventions and re-employment of ill employees. Secondly, an analysis will be made regarding the extent of these responsibilities before a dismissal can occur. Poor health and illness are not considered as legitimate reasons for a dismissal, but illness-related dismissals are still occurring in the labour market. In order to enable suchlike dismissal, the employer must fulfil the rehabilitation obligation. Due to the company’s size and finances, employers have different opportunities for re-employment and adjustment interventions. However, it is not only the employer’s task to accomplish this, the employee’s commitment, level of health and working capacity are important components in the process. An illness-related dismissal is only possible when the employer has replenished the adjustment interventions and re-employment responsibility, when the employee’s sickness allowance and activity compensation expires, and when the employee no longer performs relevant work. If this is the case and a continued employment is unimaginable, the employer is exonerated from responsibility and dismissal becomes applicable. The liability then lies in the society’s hands to pursue the rehabilitation and help the employee to find another job.

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