Arbetsgivarens arbetsmiljöansvar vid psykosociala aspekter: En analys av psykosociala risker, rättsliga utmaningar och framtida reformer
2025 (Swedish)Independent thesis Advanced level (professional degree), 20 credits / 30 HE credits
Student thesis
Abstract [en]
This essay examines the duties of an employer regarding the working environ-ment from a psychosocial perspective and analyzes whether there are legal chal-lenges or deficiencies within the current Swedish legislation.The psychosocial issues related to work are increasing in awareness and receiving more attention in today’s society. During the coronavirus pandemic, the number of teleworkers increased significantly and looks set to remain high in the future.It is therefore necessary to analyze the working environment for both teleworking and on-site work. Therefore, this thesis also explores the ongoing discussion in the EU surrounding the right to disconnect and its potential impact on Swedish law.
The Swedish Work Environment Act functions as a framework law, with the legal rules being specified in the Swedish Work Environment Authority’s provi-sions. While the regulatory framework is relatively effective, it suffers from a lack of specificity. Instead of imposing concrete requirements, the Work Envi-ronment Authority often issues general recommendations, which may lead to uncertainty for both employers and employees. This issue is particularly signifi-cant in the context of remote work, where the practical implementation of psy-chosocial obligations poses unique challenges. Unlike on-site work, remote work presents conditions that differ significantly, yet there is an absence of clear guidelines detailing how employers should fulfill their responsibilities in such contexts, which is something that has been criticized by labor unions. An example of a concrete requirement that could be introduced is therequirement for regular contact with employees.
The ongoing discussion within the EU regarding implementing a directive containing minimum requirements for right to disconnect and telework can therefore have a major impact on Swedish law.As the discussions have not yet resulted in a legislative proposal it is difficult to predict its exact impact. How-ever, given the complex nature of the area and the fact that most EU countries that have implemented the right have done so through collective bargaining, it is reasonable to assume that the directive will be formulated more vaguely, allowing the member states to implement it themselves in accordance with national practice. A structure similar to the Working Time Directive, involving a mix of non-dispositiverules together with provisions that can be modified through collective agreement,could be an appropriate solution to address these complex problems across the union. Depending on how the directive is drafted, it could have a greater or less impact on Swedish law. However, a directive obliging the Swedish legislator to implement a law on teleworking could be positive to solve the ambiguities described above.
Place, publisher, year, edition, pages
2025. , p. 66
Keywords [sv]
Arbetsrätt, distansarbete, arbetsgivaransvar, right to disconnect, psykosocial, arbetsmiljö
National Category
Law
Identifiers
URN: urn:nbn:se:su:diva-239269OAI: oai:DiVA.org:su-239269DiVA, id: diva2:1935884
2025-02-252025-02-082025-02-25Bibliographically approved