Sjukdom som uppsägningsgrund – En komparativ studie av sjuka arbetstagares anställningsskydd i Skandinavien

Sammanfattning: This comparative essay aims to research and compare the protection of employment for sick employees in Sweden, Norway and Denmark. The study is conducted by studying various sources of law according to the law dogmatic method. The basic principles of the terms of employment is that an employer pays an employee to perform stipulated assignments. If the assignments are not performed, the employment contract is not fulfilled, hence the employer should not be obliged to keep the employee within his/her business. The essay expires from an exception from this particular rule, a situation where the employee is ill to the extent that both the ability to work and the level of achievement is deteriorating. In these particular situations, Swedish sources of law show an enhanced employment protection for sick employees, that lowers the demands on the employee’s achievement, as well as compelling the employer to take more responsibility for the employee’s progress. The study shows that Norway is similar to Sweden. Norway too has a very extensive duty for the employer towards the wellbeing of the employee and adjustment of his/her work load, as well as having a statutory protection against termination in relation to the employee’s sick leave during the first year of absence. Denmark differs, with a legal framework that does not protect the sick employees in a corresponding manner. Rather, the employer’s privileges are prioritized and no duty to adapt the work towards the sick employee can be found. My conclusion is that there is no enhanced employment protection in Denmark, however such protection can be found in both Norway and Sweden.