Legal Dimensions of Collaborative Rehabilitation - the role of Swedish Social Security, Employers, and Occupational Health in Enabling Mental Health Return-to-Work

Research problem and specific questionsThe study analyses the Swedish Social Insurance Agency´s, SSA´s, legal conditions for collaborating with employers (including occupational health services).

The specific focus is collaboration around the assessment of work capacity and rehabilitation needs of employees on sick leave due to mental health problems, as specified through the following legal science questions:RQ1 To what extent may, should or must the SSA collaborate with employers?RQ2 To what extent may, should or must employers fulfil the SSA´s wishes for, or need for, collaboration?RQ3 How do the legal conditions for collaboration adressed in RQ1-2 change when the occupational health service assists the employer?RQ4 What legal sanctions may be used to ensure that employers as well as employees participate in the rehabilitation process?RQ5 How are employee rights to privacy and personal integrity balanced against employee obligations to actively participate in rehabilitation and collaborate with employers and the SSA?Data and methodThe research methods used involve a traditional legal science approach, including in-depth analyses and interpretation of legal sources such as regulations and judicial decisions.

The first step focuses on determining the current law on the legal conditions for collaboration on rehabilitation.

The project also places these results in a broader context, critically reviewing and evaluating the content of the law informed by legal theory and sociology.Societal relevance and utilisationThe results can be used to improve rehabilitation and return-to-work processes for employees on sick leave due to mental health problems.

They provide valuable knowledge for the SSA, employers, employee organizations, courts, and other entities involved in rehabilitation practices.

The results can influence legal practice, support legislative changes, and contribute to the training of professionals in the field.

Ultimately, the findings aim to create a more sustainable social insurance system and foster a healthier working life, benefiting both individuals and society.Plan for project realisationYear 1 involves collecting and analyzing legal sources, structuring the research, and writing scientific articles.

Year 2 focuses on continuing analysis, supplementing material, and writing articles.

Year 3 includes completing work on all research questions, publishing scientific papers, and organizing a seminar for stakeholders.