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ETT URHOLKAT ANSTÄLLNINGSSKYDD?: Studie i effekten av det förvaltningsrättsliga beslutet om ökad arbetsförmåga i annat arbete vid 180 dagar
Karlstad University, Faculty of Economic Sciences, Communication and IT.
Karlstad University, Faculty of Economic Sciences, Communication and IT.
2011 (Swedish)Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE creditsStudent thesisAlternative title
AN UNDERMINED PROTECTION OF EMPLOYMENT? : A study of the impact of administratiwe law on labor law (English)
Abstract [en]

Abstract

The relationship between employers and employees is based on labour law and is regulated by laws and contracts. The employment relationship is also affected - through the health insurance reform - by the administrative rules of Försäkringskassan. A greater responsibility for the rehabilitation of workers has been given Försäkringskassan through various measures, with the consequence that they are now included as a third party to the employment relationship. Actors of different objectives and rules have led to a clash between administrative law and labour law. The purpose of the study was that from an employers' perspective describe the health insurance reform in the situation where Försäkringskassan after 180 days decide that a worker has increased capacity to work in another profession in the regular labour market and the employer after an investigation of repositioning considers that there is no such work to offer. The purpose of this study was also to identify the other regulations in the context of this situation as a municipal employer has to take into account. A traditional legal method was used and the study's purposes, in combination with the lack of guiding practice justified the implementation of an empirical study to understand how the municipal employer's practical work in the above situation functions.

In conclusion, health insurance reform led to increased demands for a more time-effective rehabilitation process, and when necessary a more effective process of termination of employment. It also demanded an increased control over the currently sick and where in the rehabilitation chain they currently are as well as knowledge about the sick leave process in general. Furthermore it demand the employer to, more than ever, create a good working environment in order to avoid sick leave and, by extension, termination of employment at day 180 in the rehabilitation chain. For employers who want to sort out the sick workers the process has been made easier because it is in principle Försäkringskassan that makes the most of preparatory work. Government claims that the protection of employment for sick employees is not affected by the health insurance reform. We, along with multiple consultive bodies and critics, disagree. It is true that the rules governing the municipal employer's practical work (LAS, AB and HÖK) for the investigated situation has not been directly changed. Instead, the administrative law and regulations is affecting civil- and labour law, and indirectly undermined employment protection. Indirectly sick workers are forced to resign in order to receive compensation from Arbetslöshetsförsäkringen. An agreement between an employer and employees can now, in principle, be terminated because of a decision by a third party whose priorities and objectives are not the same as for the employer and the employee.Sammanfattning

Place, publisher, year, edition, pages
2011. , 37 p.
Keyword [sv]
Sjukförsäkringen, sjukförsäkringsreformen, Försäkringskassan, kommunal arbetsgivare, uppsägning, personliga skäl, arbetsrätt
National Category
Law (excluding Law and Society)
Identifiers
URN: urn:nbn:se:kau:diva-6848OAI: oai:DiVA.org:kau-6848DiVA: diva2:393124
Presentation
2011-01-19, Karlstad Universitet, Karlstad, 15:00 (Swedish)
Uppsok
Social and Behavioural Science, Law
Supervisors
Examiners
Available from: 2011-02-10 Created: 2011-01-28 Last updated: 2011-02-10Bibliographically approved

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CiteExportLink to record
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  • apa
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