scholarly journals SOLIDARITY LIABILITY IN THE EVENT OF WORK-RELATED ACCIDENTS

2021 ◽  
Vol 8(62) (1) ◽  
pp. 27-34
Author(s):  
Dragos-Lucian Rădulescu ◽  
◽  
Delia Marinescu ◽  

The patrimonial liability is the most common form of liability, being attracted in case of non-compliance with the legal norms, in order to protect the social values indispensable for the normal functioning of a company. Legal employment relationships are one of the most common areas in which joint and several liability is applied, namely in the case of work accidents resulting in personal injury to employees, which can cause them including permanent disabilities and can be caused by deficiencies in specific equipment used, as well as the lack of effective training in the field of labour protection. Establishing guilt and attracting civil liability is done in relation to the concrete conditions of the accident, the duties of employees according to job descriptions, but also the concrete actions they performed during the program or in connection with work duties. The article presents the applicability of the legal norms in the matter of civil liability to a practical case in which the courts have held joint and several liability of employees and employers in case of accidents at work, referring to the legal conditions to be met, with implications in criminal law.

2020 ◽  
Vol 1 (1) ◽  
pp. 125-129
Author(s):  
Gede Oscar Geovani ◽  
I Nyoman Putu Budiartha ◽  
Putu Ayu Sriasih Wesna

Social security provides protection for workers in the socio-economic risks that befall workers in carrying out their work in the form of work accidents, illness, old age, or death. This thesis discusses the implementation of Law Number 24 of 2011 concerning the Social Security Administration at PT. Horiko Abadi, Buleleng Regency. Based on the description above, this study aims to determine the application of Law Number 24 of 2011 concerning the Social Security Administration at PT. Horiko Abadi, Buleleng Regency 2 legal sanctions against the company in the event of a violation of the provisions of the social security program. The research method used is the empirical juridical method. The location of this research was conducted at PT. Horiko Abadi, Buleleng Regency, a company engaged in the breeding of shellfish and pearl cultivation. Based on the research results, PT. Horiko Abadi has implemented social security protection for all permanent employees in the company in accordance with the provisions of Law Number 24 of 2011 concerning Social Security Administering Bodies, and sanctions for companies that have not implemented the provisions of Law Number 24 of 2011 Regarding the Social Security Administering Body, it is still in the guidance or warning stage until the company concerned can carry out the provisions of the legislation.


2021 ◽  
Vol 319 ◽  
pp. 01078
Author(s):  
Fouzia Ait El Hadj ◽  
Hafida Rachidi ◽  
Fatima Rachidi

The human and financial consequences of work-related accidents are major for companies and their staff. In this context, we proposed to undertake a study based on the Evaluation of Occupational Risks (EvOR) within a company processing citrus fruits into juice in its various work units. The aim of our work was to identify and prioritize the existing occupational risks and to propose preventive and corrective actions and adequate and adapted protection measures. First of all, we carried out an analysis of the work accidents that occurred in the company, and we noted an increase in the number of days off work due to work accidents, approximately 320 days per year. We then concluded that 55% of the accidents that occurred were considered to be of medium and fairly serious gravity. The method we adopted is that of the INRS and is based on five fundamental steps: inventory of work units, identification of risks, estimation of the seriousness of damage, prioritization of risks and development of a corrective and preventive action plan. The main risks identified are mainly organizational, biological, chemical, mechanical and technical. Based on the results of this analysis, we proposed a corrective and preventive action plan to the employer to eliminate or reduce the identified risks to an acceptable level, and subsequently improve the working conditions of the employees while complying with the normative and legislative texts in force.


Author(s):  
Dilek Baybora

The work accidents and occupational diseases are very important especially in the industrializing countries. According to the International Labour Organization (ILO) every 15 seconds, a worker dies from a work-related accident or disease. Every 15 seconds, 160 workers have a work-related accident. Every day, 6.300 people die as a result of occupational accidents or work-related diseases–more than 2,3 million deaths per year. The economic burden of poor occupational safety and health practices is estimated at 4 per cent of global Gross Domestic Product each year. In Turkey, work accidents’ figures are very high but occupational diseases’ figures are not very high. There are several causes of this condition. In Turkey, the Work Accidents, Occupational Diseases and Maternity Act No. 4772 was accepted in 1947. The Social Security and General Health Insurance Act No.5510 was accepted in 2006. There are regulations about the work accident and occupational disease insurance in the Act. According to the Act, insured and the rights holders can obtain some assistance.


2016 ◽  
Vol 62 (2) ◽  
pp. 219-269 ◽  
Author(s):  
Kristie M. Rogers ◽  
Kevin G. Corley ◽  
Blake E. Ashforth

This paper develops grounded theory on how receiving respect at work enables individuals to engage in positive identity transformation and the resulting personal and work-related outcomes. A company that employs inmates at a state prison to perform professional business-to-business marketing services provided a unique context for data collection. Our data indicate that inmates experienced respect in two distinct ways, generalized and particularized, which initiated an identity decoupling process that allowed them to distinguish between their inmate identity and their desired future selves and to construct transitional identities that facilitated positive change. The social context of the organization provided opportunities for personal and social identities to be claimed, respected, and granted, producing social validation and enabling individuals to feel secure in their transitional identities. We find that security in personal identities produces primarily performance-related outcomes, whereas security in the company identity produces primarily well-being-related outcomes. Further, these two types of security together foster an integration of seemingly incompatible identities—”identity holism”—as employees progress toward becoming their desired selves. Our work suggests that organizations can play a generative role in improving the lives of their members through respect-based processes.


2018 ◽  
Vol 52 (1) ◽  
pp. 70-84
Author(s):  
Zdenka Šándorová

Abstract The theme of the paper is very topical in global and European context. It brings theoretical information on the concept of asocial model of early care in the Czech Republic and practical case studies and final reports related to the early care provision which demonstrate tangible activities within the system of the complex support and assistance to children with disability and their families. The author applies the theoretical-practical approach as she is of the opinion that „the practice without theory is as a blind person on the road and the theory without practice is as a cart without an axle”. The aim of the paper is to extend theoretical information on the topic in the Czech Republic by individual examples of final reports related to the provision of social prevention of the early care in the Czech Republic. The overall aim of the paper is to justify topicality and eligibility of early care in its broad reference framework, including its practical impact. The theoretical basis of the paper is elaborated with respect to the analysis and comparison of Czech and foreign literature, legislation, methodology document and other relevant written resources. The practical level is elaborated with respect to 3 cases and final reports of the provider of an early care of the social prevention. The early care in the Czech Republic represents a professional, modern and recognized system in European and global comparison and is legally anchored in the Act 108/2006 Coll. on social services. It aims on the minimization of child´s disability impact upon child´s development, especially the social inclusion of a child and a family and their capability to cope with limitating disability in natural environ, i.e. by the preservation of standard way of life. It represents a multi-dimensional model, overcoming limitation of sectoral division of the early care and facilitating complex assistance from a series of subject fields at the same time. Services for families with an endangered child in early age are the background for social, educational and pedagogical inclusion of a child and the re-socialisation and re-inclusion of a family. Early care is considered preventive, from the point of the prevention of the second disability (i.e. is effective), in the prevention of institutionalized and asylum care (i.e. is economical), in the prevention of segregation (i.e. is ethical).


2021 ◽  
pp. 1-12
Author(s):  
Peng Chen ◽  
Yingzhi Nie

Based on the company cases published in China over the past ten years, both theoretical methods and Artificial intelligence technologies were applied to analysis cases data on the effectiveness of clauses restricting equity transfer in articles of association of limited liability companies (LLCs). With its unique characters based on shareholders and strong vitality, limited liability company (LLC), as the “evergreen tree” among the market players, is a company form adopted by many investors. Nevertheless, due to its prominent closed characteristics, equity transfer has become a bottleneck for the development of LLCs. According to this paper, it is necessary to distinguish between the effectiveness of clauses restricting internal and external equity transfer in articles of association of LLCs. Fuzzy Analytic Hierarchical Process (AHP) is utilized for which involves process of analytic hierarchy modelled with utilizing theory of fuzzy logic. Moreover, instead of being confined to the existing legal norms, the judgment standard of clauses restricting equity transfer in articles of association of LLCs should be comprehensively measured by the golden rules, i.e. “fairness”, “autonomy” and “operability”.


Processes ◽  
2021 ◽  
Vol 9 (8) ◽  
pp. 1271
Author(s):  
Humberto. J. Prado-Galiñanes ◽  
Rosario Domingo

Industries are nowadays not only expected to produce goods and provide services, but also to do this sustainably. What qualifies a company as sustainable implies that its activities must be defined according to the social and ecological responsibilities that are meant to protect the society and the environment in which they operate. From now on, it will be necessary to consider and measure the impact of industrial activities on the environment, and to do so, one key parameter is the carbon footprint. This paper demonstrates the utility of the LCI as a tool for immediate application in industries. Its application shall facilitate decision making in industries while choosing amongst different scenarios to industrialize a certain product with the lowest environmental impact possible. To achieve this, the carbon footprint of a given product was calculated by applying the LCI method to several scenarios that differed from each other only in the supply-chain model. As a result of this LCI calculation, the impact of the globalization of a good’s production was quantified not only financially, but also environmentally. Finally, it was concluded that the LCI/LCA methodology can be considered as a fundamental factor in the new decision-making strategy that sustainable companies must implement while deciding on the business and industrial plan for their new products and services.


2021 ◽  
Vol 13 (6) ◽  
pp. 3179
Author(s):  
Minh Hieu Nguyen ◽  
Jimmy Armoogum

The rapid and widespread of COVID-19 has caused severe multifaceted effects on society but differently in women and men, thereby preventing the achievement of gender equality (the 5th sustainable development goal of the United Nations). This study, using data of 355 teleworkers collected in Hanoi (Vietnam) during the first social distancing period, aims at exploring how (dis)similar factors associated with the perception and the preference for more home-based telework (HBT) for male teleworkers versus female peers are. The findings show that 56% of female teleworkers compared to 45% of male counterparts had a positive perception of HBT within the social distancing period and 63% of women desired to telework more in comparison with 39% of men post-COVID-19. Work-related factors were associated with the male perception while family-related factors influenced the female perception. There is a difference in the effects of the same variables (age and children in the household) on the perception and the preference for HBT for females. For women, HBT would be considered a solution post-COVID-19 to solve the burden existing pre-COVID-19 and increasing in COVID-19. Considering gender inequality is necessary for the government and authorities to lessen the adverse effects of COVID-19 on the lives of citizens, especially female ones, in developing countries.


1985 ◽  
Vol 56 (3) ◽  
pp. 819-822 ◽  
Author(s):  
J. Regis McNamara ◽  
Ronald J. Delamater

The extent to which the literature shows assertiveness produces favorable social outcomes in several occupational contexts was examined. Assertive job-seeking behavior may have a variable impact depending on such factors as the riskiness of the behavior, the size of the company, and the nature of the pool of applicants. Managers view assertive behavior, displayed in work-related interactions, more favorably than self-effacing behavior. Assertive customers more readily stand up for their rights and have more positive perceptions of business than nonassertive consumers. Less reliance on analogue studies and improved measurement systems for assessing social reactivity to assertiveness were recommended.


2021 ◽  
Vol 13 (2) ◽  
pp. 1
Author(s):  
Husam Alfahl

The use of mobile devices and smartphones is increasingly becoming a critical part of many people’s lifestyle. Such usage can vary from playing games to accomplishing work-related tasks. Being able to use organizations’ persuasive technologies via mobile business services or to achieve work-related tasks ubiquitously at any time means that such devices provide a valuable service, especially for employees who are working online. This paper explores the impact of mBusiness on the social life of employees. In the research, structural equation modeling was applied to validate the research model. Employees in Saudi organizations were surveyed to test the research hypotheses. The research results confirmed that there are some negative effects of using mBusiness technologies on the social life of employees. Based on the analysis, the findings revealed that addiction to mBusiness technologies significantly increases the perceived work overload, which also significantly increases work-family conflict. The paper concludes with some implications of this research.


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