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Corporate fine is today the most common sanction for work environment crime. Corporate fine is an economic sanction suffered by the trader when the crime was committed in his economic activity. This thesis aims to provide a better understanding for the application of the corporate fine in work environment crime. Furthermore, the thesis also aims to give a picture of how the use of corporate fine in work environment crime is experienced both from a Prosecutor's perspective and an employers' perspective. In order to fulfil this legal science study it is complemented with an empirical study. A legal and social science method has been used to answer the formulated research questions. The Swedish law has a special prosecution rule that says that the Prosecutor of the less serious crime in the economic activity in the first place has to take action against corporate fine and not take action against individuals. This rule together with requirement that the crime must have been committed in an economic activity means that the fine not equally can be tried out to public activities, which is a sector were most women works. Work environment crimes are usually committed in activities in the construction and manufacturing industries, where more men than women are employed. This means that the corporate fines at work environment crime, to a greater extent is sentenced to maledominated industries rather than female-dominated industries. A conclusion that can be drawn from the empirical study is that the two employers' representatives have not experience that the incentive to create a good working environment has changed from when the corporate fine replaced the individual criminal responsibility. On the other hand, they see a risk where the incentives can be weakened. Because they believe that an individual criminal responsibility in general sharpens the focus of individuals.

This essay aims to investigate how the work environment law is structured and the employer's legal responsibility when it comes to the working environment in businesses corporations concerning horses. As the essay also examines how far the legal responsibility goes, the sanction system in Swedish legislation will also be considered. The legal-judicial method constitutes the basis for this work in the choice of material and approach. In conclusions the work environment law is designed in several steps to ensure that all workplaces are subject to the rules, but also to ensure that the rules of all member states can be dealt with in terms of the technological and social development of our society. This furthermore implies that the employer's responsibility is extensive. It and covers taking all measures required for preventive responsibility but also carrying responsibility for accidents arising from investigating and taking action. And finally, it covers criminal liability if the employer failed to comply with his obligations to the Work Environment Act.

The purpose of this thesis is to examine the nature of the work environment crime and how the principles of criminal law applies in psychosocial contexts. The principles are based on the general law of criminal procedure which requires a culprit, a crime, and a victim. The situation is rarely that simple when it comes to crimes in the work environment, which obstructs the confirming of penalization in organizations. The prerequisites within criminal law, put up demands on adequate causality, carelessness or intention, and the act must have caused the effect. The requirement for adequate causality and the direct cause of the effect is hard to determine when it comes to work environment crimes of a psychosocial nature. Work-related injuries which is caused by mental illness, often develop over a longer period, which obstructs the investigation of work environment crime. The complexity behind psychosocial health does not only lie in the work environment crime as such, it also tends to affect women to a greater extent than men. This circumstance is said to be the result of more women working in the health and care area of the public sector, which is highly affected by poorer working conditions because of unequal structures in society.

This paper explores employer responsibility regarding “breaches against the Swedish Work Environment Act” (“brott mot arbetmiljölagen”) and “violations of the Swedish Work Environment Act” (“arbetsmiljöbrott)”. The rules and regulations governing employer responsibility is overly complex and hard to interpret. By highlighting and analyzing relevant aspects of existing rules and regulations, the paper aims to clarify the meaning of employer responsibility.  There are also a range of different workplace environment circumstances that can lead to either a breach against the Work Environment Act or a violation of the Work Environment Act. Neglecting to make the necessary improvements of a workplace environment may constitute a breach against the Work Environment Act even if an accident does not occur as a result of the failure to act. If, on the other hand, an accident does occur, the same negligence could get an employer charged for a violation of the Work Environment Act.  The objective of this paper is to examine what responsibilities employers have according to the Swedish Work Environment Act (SFS 1977:1160), systematic work environment management (AFS 2001:1), organizational and social work environment (AFS 2015:4), the swedish penal code (SFS 1962:700), as well as the difference between a breach against the Workplace Environment Act and a violation of the Work Environment Act. To reach objectives, we apply a legal dogmatic method and, drawing from the relevant legal sources, define what constitutes established law. A legal analytic method has also been applied to analyze the material from a wider perspective.  The results show the employers have a wide and varied responsibility, where many different areas need to be considered. To understand the full extent of employer responsibility, there needs to be an understanding of both law and complementary regulations. Regarding violations of the work environment act, there are some necessary conditions that need to be fulfilled for a person to be convicted. This includes gross negligence and a causal connection between an act and the incident. When it comes to breaches against the Work Environment Act, the Swedish Work Environment Authority represents the first instance. If they uncover any wrongdoings or flaws in the work environment, they have the authority to issue an order or a prohibition. To ensure employers rectify noted issues, the order or prohibition can be complemented by a fine. The fine represents a means of pressure to ensure employers comply with the Work Environment Act and its complementary regulations, and, by doing so, work preventatively against unhealthy environments and accidents.

The mental ill-health is a growing social problem and the cause to a third of the sick leaves. Organizational and social motives is the primary reason to occupational disease among women. Notwithstanding, work environment offense due to lacks in organizational and social work environment have never lead to conviction. The aim of the essay is to find an explanation to this matter, by examine the legal framework of work environment offense. To further contextualize the problem, a perspective of equality makes it possible to emphasize the differences of how men and women will be affected by the regulation. The subject is highly current, since binding regulations, AFS 2015:4, has been imposed since shortly one year ago. Therefore, an analysis of the value of this regulation in future prosecution has been done. The method of jurisprudence has been used to fulfil the aim of the essay. The results of the essay indicates that the review of work environment offense due to lacks in organizational and social work environment mainly causes problems when finding adequate causality. The primary reasons to this is related to the nature of stress and the legality principle. Stress can hardly be related to a separate variable, which makes it hard to prove it is strictly work related. This reason also makes it hard to legislate regulations that live up to the principle of legal certainly. In my power of judge, despite clearer regulation in AFS 2015:4, reviews of work environment offense will continue being problematic. The perspective of equality clearly shows that problems reviewing work environment offense due to lacks in organizational and social work environment to a great extent affects women in a negative matter.

The main subject for this essay is victimization at work. The first question concerns victimization and the responsibility of the employer when bullying and harassments occur. The second question regards agreements between the employer and the employee, where the latter is paid to quit the employment because he or she is subjected to victimization, but also if any specific group of employees is especially affected. The purpose of the essay is to create understanding and clarification within current law, but also awareness of the possibilities where employers can create agreements with employees in order to make them finish their employments. In order to manage finding information some labour market parties were asked questions about their experiences of victimization at work and agreements among their members or employees. Current law and regulations will be examined together with the unique trial regarding the municipality of Krokom where an employee committed suicide after being bullied by his supervisor. It resulted in the two managers with responsibility for working environment were sentenced for crime. The conclusion is that the responsibility for preventing victimization and harassments are comprehensive. Agreements occur but the empirical study is showing it is rare in combination with victimization. However it is likely that unrecorded information tell another point of view and that women belong to the group that are the most affected one. During the past five years twelve percent of the Swedish population have been bullied by their colleagues or supervisors. Victimization and agreements are existing situations that have to be discussed and not hidden away due to the simplicity of paying employees to quit. / Huvudämnet  för  kandidatuppsatsen  är  kränkande  särbehandling  där  gällande  rätt  inom  ämnetkommer granskas utifrån en första frågeställning som rör arbetsgivares ansvar vid förekomsten av kränkningar på arbetsplatsen. Den andra frågeställningen behandlar utköp av anställda och framför allt de som utsatts för kränkande särbehandling samt vilka grupper av arbetstagare som eventuellt påverkas. Studien syftar till att skapa förståelse och klargörande inom gällande rätt, samt skapa insikt i arbetsgivares möjlighet att köpa ut arbetstagare genom att granska sådana åtgärder. Svensk reglering i form av bland annat Arbetsmiljölagen och Arbetsmiljöverkets föreskrifter ses över i kombination med internationell reglering på EU-nivå för att finna svar. Rättegången om Krokoms kommun där en mobbad socialsekreterare tog sitt liv, där arbetsmiljöbrott prövats i ett unikt mål, är tänkt att återkomma som en röd tråd uppsatsen igenom. Studien har kompletterats med empiriskt material där olika parter på arbetsmarknaden hörts i frågor om kränkande särbehandling och utköp av arbetstagare som utsatts för detta. Analysen berör bland annat den fakta som tyder på att kvinnor är den grupp som i högst grad anser sig mobbade och förmodligen köps ut i större utsträckning än män. Genom Krokomrättegången och lagrum så som Arbetsmiljöverkets föreskrifter kan det konstateras att arbetsgivares ansvar är mycket långtgående och att insatser krävs både förebyggande och aktivt mot kränkande särbehandling. En del arbetsgivare väljer istället att köpa ut arbetstagare. Det inträffar, men inte i så hög grad, kombinerat med kränkande särbehandling enligt det empiriska underlaget. Det är dock sannolikt att ett mörkertal förekommer och att överenskommelser görs i det tysta. Tolv procent av befolkningen uppger att de mobbats av sina arbetskamrater eller chefer under de senaste fem åren. Kränkande särbehandling förekommer och är ett ämne som är viktigt att belysa. Förhoppningen är att uppsatsen kan lyfta medvetenheten rörande de båda huvudämnenakränkande särbehandling och utköp.