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När ett hem blir en arbetsplats : Om skärningspunkten mellan den enskildes självbestämmanderätt och arbetstagarens rätt till en god arbetsmiljö vid insatser enligt LSS / When a home becomes a workplace : The intersection between the individual's right to autonomy and the worker's right to a good work environment by activities under LSS

  • Olsson, Linnéa
Publication Date
Jan 01, 2017
DiVA - Academic Archive On-line
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The essay is based on the constitutional differences between two swedish laws and the fact that they appear collaterally in practice. The topic is the legal aspects of the conflict of interests that appears in the relationship between the Swedish Act concerning Support and Service for Persons with Certain Functional Impairments and the Work Environment Act. The separate interests are rediscovered in several different sources of law. This essay aims to find guidance for operators within care and welfare on how to make a correct consideration between these interests, in a legal purposive way. The legal dogmatic method has been used to achieve the purpose. The main conclusions is that the risk for a conflict of interests between the Work Environment Act and other laws has been foreseen by the swedish legislator. Although, the legislator states that it is impossible to find a general solution for the conflict and leaves to concerned authorities to issue further regulation if necessary. Today, these regulations does not provide for any guidance regarding the conflict of interest between the concerned laws. Although the consideration has a tendency to be subjective, some implications can be made regarding the argumentation of the court and authority. Case law takes self determination, integrity, participation and the functional impairments into account, when discussing the rights for persons with functional impairments. Regarding the workers’ rights, case law indicate that the psychological strain, the professional precondition and the regularity of the events are relevant factors. In summary, case law show that the person with functional disability has an unconditional right to the entitled assistance. How the assistance shall be performed is depending on a consideration whether the measures taken in order to improve the working environment are reasonable on the results that can be achieved. Further, some examples of taken measures estimated as being comfortable and not are rediscovered. Finally, the outcome for individuals is discussed followed by a further evolved analysis of the dilemma, with connection to specific cicumstances within care and welfare. 

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