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The Importance of Health and Safety in the Liability of Employers for Damages
175-191Views:249Employers are deemed responsible for the health and safety of their employees while they are at work. This study's focus is the exemption from liability based on the foreseeability principle introduced to the Labour Code in 2012. Despite the proclaimed policy change, courts have remained reluctant to grant immunity to employers based on Article 166 of the Labour Code in case of workplace accidents. The uncertainty of interpretation hinders the execution of the new policy and questions the importance of proper health and safety measures implemented by employers to avoid liability. The study focuses on recent case law and employers' practice. The first part analyses the conclusions establishing business decisions of the employers, further investigating the cost performance conduct: pay a fine or spend on safety and health measures. The second part of the study examines cases related to workplace accidents, which are divided into five groups. This group's special attention given to liability in case of extreme weather conditions, third-party accidents, work safety rule violations, accidents, employers' inspection obligations, and other cases.
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Book Review: Sipka Péter: Employer’s Liability in Theory and Practice
171-178Views:97Péter Sipka’s book was published in 2021 by HVG-ORAC under the title “Employer’s Liability in Theory and Practice”. On the one hand the author analyses the system of liability in depth, on the other hand the author widely describes the court decisions. Thanks to the monograph the reader can get to know the legal institution of employer’s liability for damage to employee’s health in its complexity. In addition to the examination of labor law, the connections between occupational safety and social security are also described.