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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

”Jag lämnar in min legitimation, jag orkar inte mer” : En studie om rättsliga regleringar kring den psykosociala arbetsmiljön samt hur sjuksköterskor på Centralsjukhuset Kristianstad upplever sin psykosociala arbetsmiljö / "I'll hand in my license, I can't take this anymore" : A study about legal regulations regarding the psychosocial work environment and how nurses at Central Hospital Kristianstad experience their psychosocial work environment

Persson, Anna January 2019 (has links)
Media often reports problems within the healthcare sector. The issues point to that the working environment is unhealthy. One of the examples is that too high of a workload leads to stress, which in turn leads to increased numbers of sick leave and employees looking for other jobs. For an employer, there is a legal responsibility to provide a satisfactory working environment. The fact that workers are the most important resource in a workplace is not new, and it is becoming increasingly important for an employer to work with its personnel issues and try to meet their needs and wishes. The aim of this essay is to elucidate nurses' experiences of their psychosocial work environment, as well as the employer's legal obligations to maintain a good psychosocial work environment. To fulfil the purpose of the study, a legal sociological method has been used, where a legal dogmatic method has been used to determine the applicable law, and a qualitative method has been used to examine nurses' experiences through semi-structured interviews. The study's findings showed that the psychosocial work environment is a problem according to the nurses participating in the study, and that the employer's work to prevent ill-health can often be considered inadequate. The study's results also indicate that there are deficiencies in the law and specific legislative regulations aimed at the healthcare sector should be established.
2

Vaccination som krav för att arbeta – en förutsättning för en god arbetsmiljö eller en integritetsinskränkning? : - Om vaccinationskrav mot covid-19 i förhållande till arbetsgivarens skyldigheter och arbetstagarens integritet / Mandatory vaccination - the employers’ obligations and the employee’s integrity

Melazade, Narin January 2022 (has links)
Since the beginning of 2020, the ongoing covid-19-pandemic has dictated the way of life. Globally the covid-19-pandemic has affected every level of society, not least at the workplace. More and more countries are introducing statutory vaccination requirements for employees. For now, statutory vaccination requirements for employees are not in order in Sweden even though an increasing number of employers require vaccination against covid-19. The issue of whether the employer can require vaccination against covid-19 is a controversial topic, yet to be tried in court. The thesis addresses the issue of mandatory vaccination concerning the employer’s obligations and the integrity of the employee.  With the conflict of interest as a starting point, the thesis examines Swedish law to answer whether vaccination requirements from the employer are according to the law. Initially, the employer’s general obligations regarding the working environment, what the employer’s obligations are regarding the prevention of spreading covid-19, and what measures the employer can take to fulfill their obligations are examined. Secondly, the thesis examines if a vaccination requirement is an interference with the protection of the employee’s integrity and if such interference can be acceptable. Thereafter using three typical cases the thesis discusses whether employers can require vaccination against covid-19 and in what situation, and what measures the employer can take if an employee or jobseeker opposes the requirements. To answer these questions the main material examined in the thesis is the European Convention on Human Rights, the Charter of Fundamental Rights of the European Union, the Instrument of Government, the Work Environment Act, the Employment Protection Act, the Health and Medical Services Act, the General Data Protection Regulation, case law from the European Court of Human Rights, Court of Justice of the European Union and the Swedish labour court and relevant legislative history.  The thesis finds that due to the employer’s obligations the employer must take all measures to avoid and minimize the risk of accidents and illness. Besides the obligations regarding the working environment and the employee’s wellbeing employers in health care also have obligations to provide patient-safe care to prevent healthcare injuries. However, the measures should not be disproportionate to the sought outcome. In the event of major risks to life and health, the employer must take far-reaching measures. Regarding the extent of the employer’s obligation, the legal situation is unclear. Furthermore, the thesis finds that the European Convention on Human Rights, the Charter of Fundamental Rights of the European Union, and the Instrument of Government 3 covers vaccination requirements. Interferences with the protection of bodily integrity can be justified if, after a proportionality assessment, they meet the requirements of legality, satisfy a legitimate aim, and are necessary for a democratic society. Moreover, the thesis finds that employers, depending on the nature of the work and the degree of risk of infection, can require vaccination against covid-19. Other important factors that affect the employer’s ability to set vaccination requirements are whether it is possible to take other less intrusive preventive measures and whether the risk of infection in each task constitutes a real risk to life or health. The thesis finds that the employer, if there is a great risk of infection, can relocate employees and ultimately dismiss employees who do not meet the requirements. Withal the thesis finds that relocation or dismissal is unlawful if the risks of infection are minimal and can be prevented by less intrusive measures.

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