Arbetsanpassning och rehabilitering
Arbetsgivarens skyldighet
Labor lawWork environmentRehabilitationWork adaptionEmployer's responsibility for rehabilitationEmployer work adaptation responsibilitiesDisabilityReduced work abilityArbetsrättArbetsmiljöRehabiliteringArbetsanpassningArbetsgivarens rehabiliteringsansvarArbetsgivarens arbetsanpassningsansvarFunktionsnedsättningNedsatt arbetsförmåga
This essay addresses and treats the employer's obligation to work adaptation for people with a physical disability according to discrimination law and the work environment law. Furthermore it also treats the employer's obligation to rehabilitation of employees that has a reduced working ability as consequence of their work. The essay also intends to investigate if there are any differences in the employer?s obligation to work adaptation when recruiting and the employer?s obligation to work adaption for an existing employment. In this work, there is a background chapter which describes the UN and the European Union's approach to work reduction ability and disability. Furthermore, there is a detailed description of the work environment law, the discrimination law, the social insurance code and the employment protection legislation. A description of the laws and the legal practice on work adaptation and rehabilitation is presented where relevant judgments from labor court are described and a preliminary ruling from the European Court. The work includes an analyzing part which summarizes important parts of the work. Here I have analyzed the legislative texts, the legal usage and the preliminary work of the laws and there content. In the end the conclusions are presented. For a person with a physical disability the employer has an obligation to take appropriate support - and adaptation measures. What is legitimate is depending on which possibility the employer have to take the measures, what effect the measures will provide, how extensive the employee's disability is, what economic situation the employer is located in, what resources that are necessary to take, how cost requiring the measures become and which kind of employment it is. What obligations a employer has to rehabilitation of an employee with reduced working ability is different from one situation to another. Factors to considerate are the size on the workplace, if the employee agreed to go through the rehabilitation and had a good attitude and if a proper rehabilitation, work adaptation and reassignment investigation is done. The employer can become forced to reorganize the work in order to make the employee able to resume his work. The obligation to reorganize the organization is depending on whether or not it is legitimate to require this of the employer. What are essential is which possibilities there is to make reorganization, what viable and organizational means there is and whether or not reorganization can mean that other employees are exposed to risks. As a rule, reduced working ability or a disability is not at justified dismissal ground if the employee can carry out work of significance for the employer.