Att hjälpa eller stjälpa? En arbetsgivares hantering av en arbetstagares narkotikabruk
(2025) HARH16 20242Department of Business Law
- Abstract
- This thesis aims to examine the possibilities and obligations that an employer in the private sector has towards an employee who uses or has used drugs. Swedish labour law lacks regulation and case law concerning the measures that may be taken in the event of an employee’s drug use. Due to the absence of specific legislation, an analogical interpretation is made based on the provisions that regulate an employer’s rights and obligations towards an employee suffering from alcohol addiction. Using the legal dogmatic method, a legal analysis of the relevant legal sources is conducted to investigate how these can be applied in practice.
Through an analogical interpretation between the employer’s handling of employees with alcohol addiction and... (More) - This thesis aims to examine the possibilities and obligations that an employer in the private sector has towards an employee who uses or has used drugs. Swedish labour law lacks regulation and case law concerning the measures that may be taken in the event of an employee’s drug use. Due to the absence of specific legislation, an analogical interpretation is made based on the provisions that regulate an employer’s rights and obligations towards an employee suffering from alcohol addiction. Using the legal dogmatic method, a legal analysis of the relevant legal sources is conducted to investigate how these can be applied in practice.
Through an analogical interpretation between the employer’s handling of employees with alcohol addiction and drug addiction, the thesis concludes with a discussion on the theoretical argument that these situations should be treated equally. A discussion is held regarding the issue that drug use is criminalized, yet it can also be classified as an addictive disorder. If the use is recognized as a medical condition, the employee’s enhanced job protection and the employer’s obligation to provide rehabilitation should come into effect. However, employees with drug addiction, due to the illegal nature of drug use, have weaker job protection, and termination of employment may become a possibility. The thesis concludes that a comprehensive assessment of the situation should be made in order to determine which labour law opportunities or obligations may arise. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9181342
- author
- Sandström, Elin LU and Backe, Ebba LU
- supervisor
-
- Tom Madell LU
- organization
- course
- HARH16 20242
- year
- 2025
- type
- M2 - Bachelor Degree
- subject
- keywords
- Rehabilitering, uppsägning, misskötsamhet, sjukdom
- language
- Swedish
- id
- 9181342
- date added to LUP
- 2025-01-17 12:11:07
- date last changed
- 2025-01-17 12:11:07
@misc{9181342,
abstract = {{This thesis aims to examine the possibilities and obligations that an employer in the private sector has towards an employee who uses or has used drugs. Swedish labour law lacks regulation and case law concerning the measures that may be taken in the event of an employee’s drug use. Due to the absence of specific legislation, an analogical interpretation is made based on the provisions that regulate an employer’s rights and obligations towards an employee suffering from alcohol addiction. Using the legal dogmatic method, a legal analysis of the relevant legal sources is conducted to investigate how these can be applied in practice.
Through an analogical interpretation between the employer’s handling of employees with alcohol addiction and drug addiction, the thesis concludes with a discussion on the theoretical argument that these situations should be treated equally. A discussion is held regarding the issue that drug use is criminalized, yet it can also be classified as an addictive disorder. If the use is recognized as a medical condition, the employee’s enhanced job protection and the employer’s obligation to provide rehabilitation should come into effect. However, employees with drug addiction, due to the illegal nature of drug use, have weaker job protection, and termination of employment may become a possibility. The thesis concludes that a comprehensive assessment of the situation should be made in order to determine which labour law opportunities or obligations may arise.}},
author = {{Sandström, Elin and Backe, Ebba}},
language = {{swe}},
note = {{Student Paper}},
title = {{Att hjälpa eller stjälpa? En arbetsgivares hantering av en arbetstagares narkotikabruk}},
year = {{2025}},
}