Alkoholmissbruk på arbetsplatsen -När är det grund för uppsägning?
RehabiliteringSjukdomAlkoholmissbrukMisskötsamhetSaklig grundJuridical scienceRättsvetenskapJuridikLaw and Political Science
Abuse of alcohol is one of the biggest problems that society faces today. There are between three and four hundred thousand abusers in Sweden. In addition there are about three hundred thousand over consumers. The government bill proposed in 1977 gave the labour market most of the responsibility to solve the problem. They thought a meaningful job and a spirit of community were the most important factors to decrease abuse of alcohol and social rejection. The changed view on abuse of alcohol during work or under employment has reflected the juridical regulation through an even stronger security of employment. The purpose of this paper is to investigate the far-reaching obligations for an employer before giving the employee notice due to abuse of alcohol. To be able to answer this question you first have to distinguish between abuse of alcohol and alcoholism based on disease. The questions that will be dealt with in this paper are the following: When is abuse of alcohol based on mismanagement and when is it alcoholism? When is abuse of alcohol based on mismanagement a ground for giving an employee notice? When is abuse of alcohol based on alcoholism a ground for giving an employee notice? For a notice to be valid it has to be well founded. To judge if a notice is well founded it has to be a well collected judgement with respect to individual aspects. If mismanagement shall be considered well founded, the employee has to be aware of his mismanagement and the mismanagement must have led to damage for the employer. Alcoholism cannot normally be considered as well founded for giving notice. However, if the employee cannot execute any work of any significance and if his alcoholism is of a bad nature and if his employer has finalized all his responsibilities within adjustment and rehabilitation, then this can be a cause for a notice.