Uppsägning på grund av sjukdom
SjukdomUppsägningRehabiliteringAnpassningOmplaceringJuridical scienceRättsvetenskapJuridikLaw and Political Science
The purpose of this essay is to investigate how employers? rights to give employees notice because of illness are regulated in Swedish working life. This essay consists of two parts. The first part is jurisprudential and based on traditional juristic method. The second part entails the discipline Sociology of Law and is based on a qualitative survey consisting of two interviews. The outcome of this paper is that The Employment Protection Act regulates when notice of termination because of illness is valid or not. The Work Environment Act and The National Insurance Act can affect the judgement of whether a notice depending on illness is valid or not. The two last mentioned laws will however never decide the verdict since these laws belong to the administrative law system which the labour court does not rule on. The implication of the rules of law concerning notice of regulation because of illness is that it has to be objectively grounded. For illness to make an objective ground it must be clear that the employee can not perform any work of meaning for the employer. The employer must also be able to show that there are no possibilities to transfer the employee within the business activity. The judgement of whether a notice is valid or not is also affected by employers? adjustment and rehabilitation responsibilities, given by The Work Environment Act and The National Insurance Act. The outcome of my Sociology of Law investigation is that the law regarding giving notice because of illness is filling its intended function in the society. The law creates an underlying normative platform for how employers act when they have to give notice to a person because of disease. In the investigation I also concluded that there is another norm, in addition to the legal norm, which sets the external limits regarding when notice because of illness is applied in reality. This norm is based on conscience and morality values which set more far-reaching demands for when notice because of illness is applied. Consequently it is a norm based on conscience and morality which in reality determines when a notice because of illness is applicable. As a result the law could be enlarged to agree with the conscience and morality value based norm, without affecting employers? responsibility before giving notice because of illness.