Olovligt frånvarande från arbetsplatsen: Saklig grund för uppsägning av personliga skäl?
2021 (Swedish)Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE credits
Student thesisAlternative title
Illegally absent from the workplace : Factual grounds for dismissal for personal reasons? (English)
Abstract [en]
The essay examines when the employee's illicit absence may constitute a factual basis for dismissal and how the employer's obligations in the dismissal procedure differ between absence based on alcohol abuse and absence without acceptable reason. The basis of a dismissal for personal reasons is that it must be based on objectivity. A definition of when illicit absence constitutes a factual basis does not exist in law or preparatory work, which means that the Labor Court has been of great importance for the study. Illegal absence is not assessed based on the number of occasions but on how the employer has acted in the various situations. The employer is required to provide documentation and to make the employee aware of his or her misconduct. When assessing, other circumstances are also considered, such as how the company has been affected, the employee's employment period and future suitability for the position, and that the employer has acted in accordance with the two-month rule. A basic principle is that the employee's alcohol abuse cannot constitute a factual basis for dismissal. In these situations, the employer has additional responsibility to take relocation, adaptation, and rehabilitation measures. A prerequisite is that the employee participates in the efforts, otherwise the employer's responsibility is reduced. There is an exceptional case when illicit absence is due to alcohol abuse and can constitute a factual basis, which is when the employee's ability to work is impaired and means that he or she is unable to perform significant work. This definition is not precise and needs to be in consideration of other circumstances such as workplace and tasks. Likewise, illicit absence without an acceptable reason may constitute a factual basis if the employer has made all the obligations incumbent on it and the employee is still illicit absent. Further definition is not possible because the conditions are so variable that a fixed frame would give an incorrect image. An overall assessment is always made for the individual case where several conditions need to be met.
Place, publisher, year, edition, pages
2021. , p. 40
Keywords [en]
Alcohol abuse, objective grounds, Swedish Employment Protection Act, termination, unauthorized absence
Keywords [sv]
Alkoholmissbruk, lagen om anställningsskydd, olovlig frånvaro, saklig grund, uppsägning
National Category
Law (excluding Law and Society)
Identifiers
URN: urn:nbn:se:lnu:diva-108310OAI: oai:DiVA.org:lnu-108310DiVA, id: diva2:1616192
Subject / course
Legal Science
Educational program
Human Resource Management Programme, 180 credits
Presentation
(Swedish)
Supervisors
Examiners
2021-12-072021-12-022021-12-07Bibliographically approved