Employer’s Financial Liability: Rights and Obligations in Relation to Occupational Health and Safety

TEACHING UNIT 1. INTRODUCTION TO THE LIABILITY OF BUSINESS OWNERS FOR THEIR ASSETS.

1. General concepts.
2. Civil liability as financial liability in the context of occupational risks.
3. Occupational risk: differences in the definition of this concept for the purposes of social security and occupational risk prevention.
4. The employer’s responsibility for the protection of workers.
5. The contractual or non-contractual nature of the employer’s liability.
6. Supplementary documentation for the unit.

TEACHING UNIT 2. PARTIES LIABLE AND BENEFICIARIES UNDER CIVIL LIABILITY FOR OCCUPATIONAL RISKS.

1. Those responsible for health and safety at work.
2. Beneficiaries of the unit’s financial liability.

TEACHING UNIT 3. THE EMPLOYER’S CONTRACTUAL LIABILITY.

1. The contractual relationship between the employer and the employee.
2. The employer’s failure to fulfil their duty of care. Unlawful conduct.
3. Compensable damages arising from a breach by the employer.
4. The objectification of fault in the attribution of breach of contract.
5. Causal link between the damage suffered and the company’s breach of contract. Concurrence of fault; unity.

TEACHING UNIT 4. THE LEGAL FRAMEWORK FOR AN EMPLOYER’S CONTRACTUAL LIABILITY: ESSENTIAL ELEMENTS.

1. Quantification of damages and compensation.
2. When the limitation period for bringing a claim for damages expires.
3. Employer’s liability insurance.
4. Financial liability and competent jurisdiction.

TEACHING UNIT 5. CONCURRENCE OF BUSINESS OWNERS AND LIABILITY.

1. Assumptions.
2. How are business activities co-ordinated?
3. What are a company’s responsibilities when seconding staff?