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The Theory Of Employers’ Obligation Of Safety Guarantee For Employees

Posted on:2015-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y JiangFull Text:PDF
GTID:2296330467969400Subject:Law
Abstract/Summary:PDF Full Text Request
Security obligations has the attribute of legal obligations and contractual obligationsof the property, and the legal standards for minimum standards, the parties can agree ahigher standard of care obligations. In practice, employers security obligations judgmentcan be based on predictability theory, hazard control theory, the trust relationship betweenthe theory and the risks and benefits consistent with theory. According to these theories, thetime range is an employer security obligations throughout the employment activities, thespatial extent of the employer’s safety and security obligations are included withincommuting and employment sites.Under normal circumstances the employer content security obligations, includingplaces of employment security obligations and security obligations within the commute.Re-elected for employees in case of employees, an employee employed by publicemployers and fellow employees by employers for employees virulence of these threespecial cases under the employer to the employee’s security obligations and presents itsown characteristics. If an employer violates the security obligations, should bear theresponsibility, specifically including direct responsibility and supplementary liability.And theoretical studies based on imperfect legislation is not sufficient to make theemployment relationship where the basic issue remains controversial, and the Principle ofLiability for employers, the limits of security obligations, the burden of proof allocation ofresponsibilities, etc., but there is no law relevant provisions. Employers should be clearsecurity obligations to employees and employers through the design of the system to fulfillits security obligations to promote the law. The former employer to the employee,including clear security obligations and clear connotation and denotation reasonable limitsemployer to the employee security obligations. The latter includes the liability of theemployer’s applicable burden of proof and the establishment of employers’ liabilityinsurance.
Keywords/Search Tags:employer, employee, security obligation
PDF Full Text Request
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