Kränkande särbehandling i arbetslivet

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Juridiska institutionen

Sammanfattning: New regulations issued by the Swedish Work Environment Authority will enter into force on the 31 March 2016 and will repeal, inter alia, the provisions on emotional abuse in the workplace. The provisions on emotional abuse have first been tried in the Krokom case, which is still the only legal case involving psychosocial work environment in Sweden. The main purpose of this essay has been to describe current the rights regarding emotional abuse in the workplace and how the new regulations could affect the legal position. This essay is based on a jurisprudential approach where the law has been identified, described and analyzed. The Krokom case has been used as an example to examine the impact of the new regulations in a similar situation and also the impact of the employers’ obligations and responsibilities within emotional abuse. The purpose of the new regulations is to make it clearer for employers to work with matters in the psychosocial work environment. It should be easy to do it right, and therefore clearer provisions. In summary I believe the new regulations are a step in the right direction but it is still unclear whether there will be a noticeable change in the matter of the psychosocial work environment. My summed conclusion is that emotional abuse needs to be introduced into the Criminal Code if there is to be a change in the working environment. It should also introduce an investigative obligation that is sanctioned. The idea behind the new regulations is well intentioned, but I question what difference the regulations would mean for the future. Keywords: emotional abuse, psychosocial work environment, new regulations.

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