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"Du gamla, du sjuka, du sjukskrivna Nord"- Arbetsoförmåga och normalt förekommande arbete i gränslandet mellan juridisk rättvisa och byråkratisk effektivitet i dagens sjukskrivna Sverige

Pletilic, Nermin (2009)
Department of Business Law
Abstract
Abstract The economic crisis of the 1990s brought about a paradigm shift in the macro economic priorities of Swedish governments. The economic crisis also brought about a fundamental and structural reorganization of the Swedish social insurance system. Social insurance was to be concentrated. The component that was to be most affected by the concentration was the sickness insurance. From now and on, only those who were truly ‘medically’ ill would be entitled to obtain sickness cash benefit. People that were experiencing other problems than sickness would now have to turn to authorities other than the Social Insurance Office. The sufferer would not stay and rest in the sickness insurance but would rather be rehabilitated back to working... (More)
Abstract The economic crisis of the 1990s brought about a paradigm shift in the macro economic priorities of Swedish governments. The economic crisis also brought about a fundamental and structural reorganization of the Swedish social insurance system. Social insurance was to be concentrated. The component that was to be most affected by the concentration was the sickness insurance. From now and on, only those who were truly ‘medically’ ill would be entitled to obtain sickness cash benefit. People that were experiencing other problems than sickness would now have to turn to authorities other than the Social Insurance Office. The sufferer would not stay and rest in the sickness insurance but would rather be rehabilitated back to working life. The legal application of the sickness insurance unfortunately experienced certain negative side effects that were not intended in the preparatory works. This was especially true for sufferers who had been out of work for some time. Even though it could be proven in court that they had an illness, they were many a times denied the right to obtain sickness cash benefit on the grounds that they were considered to be able to carry out slightly difficult ‘work normally available on the labour market’. This concept is a legal concept that is very ambiguous and the Social Insurance Office and the Unemployment Agencies are often unable to agree upon a mutually acceptable meaning. In April 2008 the Supreme Administrative Court established in a precedential verdict that work normally available on the labour market is work where the insured’s capacity to work can be fully or almost fully exploited. Such a work implies demands on a normal performance where no or almost no adjustment occurs when considering the insured’s functional disorders or medical woes. Unfortunately the verdict was issued at an inappropriate point of time. Sweden finds itself in one of the worst economic crises since the 1990s. The government was of the opinion that the Supreme Administrative Court’s verdict was undermining the concentration of the 1990s because the verdict ascribed too much importance to the situation on the labour market. Therefore the government did not consider the Court’s ruling in its new legislation of the sickness insurance. The concept ‘work normally available’ was altered to the concept of ‘work on the regular labour market’. The legislators’ explicit economic intentions with the new concentration and a legal study of the preparatory works reveal that the new concept is much more ambiguous than the old one. The new concentration of the sickness insurance has thereby abrogated the verdict of the Supreme Administrative Court. (Less)
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author
Pletilic, Nermin
supervisor
organization
year
type
H1 - Master's Degree (One Year)
subject
keywords
sickness, capacity to work, normally available work, work on the regular labour market, Juridical science, Rättsvetenskap, juridik
language
Swedish
id
1454277
date added to LUP
2009-06-09 00:00:00
date last changed
2010-08-03 10:52:23
@misc{1454277,
  abstract     = {Abstract The economic crisis of the 1990s brought about a paradigm shift in the macro economic priorities of Swedish governments. The economic crisis also brought about a fundamental and structural reorganization of the Swedish social insurance system. Social insurance was to be concentrated. The component that was to be most affected by the concentration was the sickness insurance. From now and on, only those who were truly ‘medically’ ill would be entitled to obtain sickness cash benefit. People that were experiencing other problems than sickness would now have to turn to authorities other than the Social Insurance Office. The sufferer would not stay and rest in the sickness insurance but would rather be rehabilitated back to working life. The legal application of the sickness insurance unfortunately experienced certain negative side effects that were not intended in the preparatory works. This was especially true for sufferers who had been out of work for some time. Even though it could be proven in court that they had an illness, they were many a times denied the right to obtain sickness cash benefit on the grounds that they were considered to be able to carry out slightly difficult ‘work normally available on the labour market’. This concept is a legal concept that is very ambiguous and the Social Insurance Office and the Unemployment Agencies are often unable to agree upon a mutually acceptable meaning. In April 2008 the Supreme Administrative Court established in a precedential verdict that work normally available on the labour market is work where the insured’s capacity to work can be fully or almost fully exploited. Such a work implies demands on a normal performance where no or almost no adjustment occurs when considering the insured’s functional disorders or medical woes. Unfortunately the verdict was issued at an inappropriate point of time. Sweden finds itself in one of the worst economic crises since the 1990s. The government was of the opinion that the Supreme Administrative Court’s verdict was undermining the concentration of the 1990s because the verdict ascribed too much importance to the situation on the labour market. Therefore the government did not consider the Court’s ruling in its new legislation of the sickness insurance. The concept ‘work normally available’ was altered to the concept of ‘work on the regular labour market’. The legislators’ explicit economic intentions with the new concentration and a legal study of the preparatory works reveal that the new concept is much more ambiguous than the old one. The new concentration of the sickness insurance has thereby abrogated the verdict of the Supreme Administrative Court.},
  author       = {Pletilic, Nermin},
  keyword      = {sickness,capacity to work,normally available work,work on the regular labour market,Juridical science,Rättsvetenskap, juridik},
  language     = {swe},
  note         = {Student Paper},
  title        = {"Du gamla, du sjuka, du sjukskrivna Nord"- Arbetsoförmåga och normalt förekommande arbete i gränslandet mellan juridisk rättvisa och byråkratisk effektivitet i dagens sjukskrivna Sverige},
  year         = {2009},
}