Can I be dismissed due to reduced working capacity? - Natural scientists
This is more general information on what applies. An individual assessment on how to implement the rehabilitation process must always be made in each case.
Illness is not an objective reason for dismissal
The main rule is that illness is not an objective reason for dismissal. Generally speaking, dismissal due to illness must be for personal reasons and there must be a factual basis for the dismissal.
Personal reasons
However, if the employee has a permanently reduced working capacity, it may be necessary to dismiss an employee for personal reasons. In this case, it must be clear that
- the employee is unable to perform any meaningful work within his or her employment
- the employer has fulfilled its work environment and rehabilitation responsibilities
- and that it is not possible to reassign them to other work
If the employee, without reasonable cause, does not participate in his or her own rehabilitation, this may affect the assessment of whether the employer has fulfilled his or her rehabilitation responsibilities and whether there are therefore objective grounds for dismissal.
If full sickness benefit is granted
If the employer learns that the Swedish Social Insurance Agency has decided that the employee will be granted full sickness benefit (permanent), the employer may, in accordance with the Employment Protection Act, notify the employee that the employment will be terminated when the decision has become final. The notification must be in writing.
Support for you
If there is a local trade union representative at your workplace, it is they who should primarily support the employee in the rehabilitation process.
If you need further support from your trade union Naturvetarna, contact our member advice service on 08 466 24 80 or
radgivning@naturvetarna.se