En rättsdogmatisk studie om arbetsmiljöansvar vid distansarbete

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

Sammanfattning: Working from home is usually seen as something new and modern but it has been a part of society for hundreds of years. The purpose of this essay is to investigate if the regulations regarding the working environment are affected when an employee is working from home compared to the regular workplace. Furthermore the purpose also is to investigate how the employer can control and regulate the conditions for the working environment through guidelines on a local level. In order to find answers to the questions there has been focus on the existing regulations in the subject, such as the ILO convention about home work, the European framework agreement on telework, collective agreements, individual agreements and policys for remote work. Furthermore the essay explains the law regarding the working environment in Sweden, the authorities that are responsible for the working environment (Arbetsmiljöverket), the responsibility for the employer and also the responsibility of the employee. Since the regulation isn’t extensive, it leaves a responsibility to employers on a local level. The conclusion of the essay is that the working environment by legal means is changed when an employee works from home. It gets difficult for the employer to give the employee the same circumstances as in the office and the employer has limited resources to control the working environment. The responsibility for the working environment is the same no matter where the employee works, but there is a larger responsibility for the employee for the working environment compared to if he or she would be working in the regular workplace. After studying different guidelines on a local level, it is obvious that there are differences in how public employers regulate their responsibility for the working environment in their guidelines.

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