"Can push sick employees out of their jobs"

Director of the Employment Department at NITO, Linn Marie Schilling Tjensvold, expressed concern in NRK on Tuesday, in connection with the consultation on changes to the National Insurance Act and the Working Environment Act.

"We fear that employees who are employed with a defined set of tasks may be pushed out of these if they become ill. Once they have moved on to other work, the door back can be closed," says Tjensvold.

– Risk of erosion of job protection

One of the Government's proposals is to clarify and expand the duty of the person on sick leave to participate and be active. This includes an obligation to temporarily perform work other than what follows from the employment contract, if the employer believes it is possible.

According to Tjensvold, this can have serious consequences for job protection.

"Temporary solutions can quickly become permanent. If the employer finds other solutions for the job the person on sick leave was originally employed in, there is a risk that the employee will not be able to return to their actual work tasks," she says.

NITO emphasizes that many people want to contribute as far as their health allows, also through other tasks for a period of time. The problem arises when this is no longer truly temporary.

– Imbalance between employer and employee

In the consultation response, NITO points out that the proposals are mainly aimed at the duties of the person on sick leave, without corresponding strengthening of the employer's responsibility.

"In an employment relationship, there is already a power imbalance. When more duties are imposed on the person on sick leave, without the employer's duty to facilitate being clarified and strengthened, this imbalance is exacerbated," says Tjensvold.

She believes it can lead to increased pressure on sick workers, especially in situations where the alternative is the risk of stopping sickness benefits.

"When the economy is at stake, people may feel forced to agree to solutions that are neither justifiable in terms of health nor in line with the employment contract," she says.

In general, Tjensvold calls for a more balanced regulation, with clearer and verifiable obligations for the employer.

- This is to support a working life people can be in over time - where the employer has a key role.

Fears increased dropout – not lower sickness absence

The aim of the government's proposal is to reduce sickness absence, which NITO supports. Nevertheless, the organization fears that the measures may fail.

"Stricter duties for the individual do not solve problems with inadequate facilitation or a poor working environment. On the contrary, it can lead to more people being pushed out of working life," says Tjensvold.

NITO calls for clear conditions for when other work can be ordered, clear requirements for documentation from the employer and stronger legal protection guarantees for people on sick leave.

"If we are to succeed with lower sickness absence, it must be a voluntary effort. Then demands must be made on both parties – not just on those who are already in a vulnerable situation," she says.