Virksomheders lovmæssige tilpasninger og handicappedes adgang til arbejdsmarkedet

Troels Lauge Nielsen

Student thesis: Master thesis

Abstract

Executive Summary: The definition of disability and disability itself is a concept changing a lot through the previous years. Firms are subject not only to national laws, but also to follow and honor various EU directives and UN conventions that over time have been implemented in Danish legislation. This thesis analyzes what firms are obliged to by law to make sure that they treat disabled workers as required by the law. This apply to all aspects of their working life including hiring, everyday work and dismissal. Analyzed from a legal perspective if employees during their employment at the companies get a disability, the firms must react. This does not apply only in the current situation to help maintain the employees, but also if the firms wants to dismiss the workers during their period of illness. As the thesis concludes, firms have a duty to provide reasonable accommodation for persons with disabilities, and if the firms choose not to do so, the possibility of using the Danish salaried employees act §5 subsection 2, regarding the possibility of a shorter termination period after 120 days of illness, cannot be applied. It also tells us that the area of using this legal provision remains a bit ambiguous. The thesis also concludes, that a disability, not directly linked to the persons job performance of the job or the person's ability to have success in the job, it is not a disability according to the directive. From an economic view, the thesis analyses which kind of difficulties people with disabilities can encounter when trying to get a new job, or when they are trying to return to the labor market. Furthermore, flexicurity and inclusion have been analyzed to determine which of these models helps or limits a disabled person. The thesis concludes that people with a disability have more trouble getting back into the job market than people with no disabilities. Furthermore, it seems like the quantity of disabled people, getting into occupation or already in a job, follow cyclical and do therefore not make any big changes in the numbers employed. Disabled people have a tendency not to change job as often as non-disabled do, and if they look for a new job, it is more difficult for them to get a new workplace, as they have to be more active when job-hunting. The findings in the thesis also shows that the flexicurity model works well regarding to the non-disabled part of the population, where the workers easy can find a new job, but as stated above, this does not apply for the disabled part of workers. Inclusion, though it has some flaws, seems to be a much better way to integrate disabled workers, as the focus are turned to their needs. This is aided by various engagements that help the disabled back in work. There are however minor problems with the authorities, since they are not always being ready to help in the way they ought to do. In the integrated part of the thesis, it is showed how inclusion can make an economic incentive for the firms to employ disabled people, but also how rulings from the courts can be a burden for the firms making, them more negative towards hiring disabled workers.

EducationsMSc in Commercial Law, (Graduate Programme) Final Thesis
LanguageDanish
Publication date2015
Number of pages85