Arbetsgivarens rehabiliteringsansvar - Bedömningen av arbetsgivarens rehabiliteringsansvar i förhållande till fysisk och psykisk sjukdom

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

Sammanfattning: The purpose of this essay was to examine the employers rehabilitation responsibility in relation to employees that suffer from physical or psychological illness, from a labour law perspective, to gain an understanding whether the rehabilitation responsibility is interpreted in different ways. Therefore, the research question was “how is the employers rehabilitation responsibility assessed and its boundaries in relation to physical and psychological illness?”. In order to examine this question, the legal dogmatic method was chosen. The results indicated that several different factors affect the assessment of the employers rehabilitation responsibility and its boundaries. A legal case examination identified the factors rehabilitation and work adaptation arrangements that the employer had taken, the employees participation, the possibilities for relocation and the medical assessment of the employees health. These factors were common for legal cases concerning both physical and psychological diseases and were also closely linked. One conclusion was that the assessment of the employers rehabilitation responsibility and its boundaries in relation to physical and psychological illness are affected by several interacting factors. Another conclusion was that differences, between the categories of legal cases, regarding the medical assessments leads to a difference in the assessment of the employers rehabilitation responsibility and its boundaries.

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