Vilken betydelse har olika definitioner av alkoholproblem fått i samband med arbetsgivarens rehabiliteringsansvar enligt anställningsskyddet?
(2011) HARH16 20112Department of Business Law
- Abstract (Swedish)
- In case of alcohol situations on work places, there are lots of different expressions and definitions as alcohol abuse, alcoholism, chronic alcoholism, alcohol disease, occasional cases of alcohol abuse and alcohol abuse of disease character. The purpose with this paper is to investigate which value different definitions of alcohol problems has got in connection to employers rehabilitation responsibility and the protection of employment.
The general principle when it applies to employees who suffers from alcoholism is that you can not terminate an employee for that reason, because termination of employee who suffers from alcoholism is not allowed. The employer shall instead try to rehabilitate and transfer its employee. First when the... (More) - In case of alcohol situations on work places, there are lots of different expressions and definitions as alcohol abuse, alcoholism, chronic alcoholism, alcohol disease, occasional cases of alcohol abuse and alcohol abuse of disease character. The purpose with this paper is to investigate which value different definitions of alcohol problems has got in connection to employers rehabilitation responsibility and the protection of employment.
The general principle when it applies to employees who suffers from alcoholism is that you can not terminate an employee for that reason, because termination of employee who suffers from alcoholism is not allowed. The employer shall instead try to rehabilitate and transfer its employee. First when the employer have tried all other possible attempts to cure the employee’s alcohol abuse or alcohol disease, and when the employee can no longer do any work of importance is it possible to terminate the employee. It is important for the employee that he or she can not be terminated from employment in any event, because an alcohol diseased employee needs the employment so that he or she can get hers or his rehabilitation.
The Labor Arbitration Courts case law has great significance for alcohol abuse cases and the applicable law. There is also in Sweden today a lot of different definitions of alcohol abuse in the Labor Arbitration Court. Doctors’ working in the field of alcohol affects the Labor Arbitration Courts case law because it is they who gives out the certificate about the different alcohol definitions. These definitions are not always clear, which have lead to that the rehabilitation responsibility and the transfer responsibility also applies, not only on employees with alcohol disease, but also on employees that have an alcohol abuse. It is still important to see every individual case as their own, but the conclusion is that alcohol abusers, and not only employees with alcohol disease, has an increased protection of employment. This is because of the Labor Arbitration Court and their expansion of the ground rules in the legislative proposal 1973 nr 129. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/2206209
- author
- Nilsson, Magnus LU
- supervisor
- organization
- course
- HARH16 20112
- year
- 2011
- type
- M2 - Bachelor Degree
- subject
- keywords
- Alcohol, Alcohol abuse, Alcohol disease, rehabilitation responsibility, termination of employee based on disease
- language
- Swedish
- id
- 2206209
- date added to LUP
- 2011-11-22 08:32:38
- date last changed
- 2011-11-22 08:32:38
@misc{2206209,
abstract = {{In case of alcohol situations on work places, there are lots of different expressions and definitions as alcohol abuse, alcoholism, chronic alcoholism, alcohol disease, occasional cases of alcohol abuse and alcohol abuse of disease character. The purpose with this paper is to investigate which value different definitions of alcohol problems has got in connection to employers rehabilitation responsibility and the protection of employment.
The general principle when it applies to employees who suffers from alcoholism is that you can not terminate an employee for that reason, because termination of employee who suffers from alcoholism is not allowed. The employer shall instead try to rehabilitate and transfer its employee. First when the employer have tried all other possible attempts to cure the employee’s alcohol abuse or alcohol disease, and when the employee can no longer do any work of importance is it possible to terminate the employee. It is important for the employee that he or she can not be terminated from employment in any event, because an alcohol diseased employee needs the employment so that he or she can get hers or his rehabilitation.
The Labor Arbitration Courts case law has great significance for alcohol abuse cases and the applicable law. There is also in Sweden today a lot of different definitions of alcohol abuse in the Labor Arbitration Court. Doctors’ working in the field of alcohol affects the Labor Arbitration Courts case law because it is they who gives out the certificate about the different alcohol definitions. These definitions are not always clear, which have lead to that the rehabilitation responsibility and the transfer responsibility also applies, not only on employees with alcohol disease, but also on employees that have an alcohol abuse. It is still important to see every individual case as their own, but the conclusion is that alcohol abusers, and not only employees with alcohol disease, has an increased protection of employment. This is because of the Labor Arbitration Court and their expansion of the ground rules in the legislative proposal 1973 nr 129.}},
author = {{Nilsson, Magnus}},
language = {{swe}},
note = {{Student Paper}},
title = {{Vilken betydelse har olika definitioner av alkoholproblem fått i samband med arbetsgivarens rehabiliteringsansvar enligt anställningsskyddet?}},
year = {{2011}},
}