التكييف القانوني لالتزام صاحب العمل بضمان الصحة و السلامة المهنية في عقد العمل

الملخص EN

The advent of the Industrial Revolution in England during the 19th century led to the emergence of a commitment to ensure safety in labor contracts.

As a result of the shift to work by machine, which led to harm to the workers working on it because of their experience in using it then.

Was a source of danger to them.

Which led to an increase in injuries during or because of work It is possible that the number of work accidents and their spread within the workplace make the jurisprudence calls for the compensation of the injured worker for bodily harm without proving the employer's fault.

Without going through the rules of tort which require proof of the fault of the official, ensuring that the injured worker receives the appropriate compensation in a simple manner, and based on the rules of contractual liability that do not require it.

The injured person shall be compensated once the damage has been proved to him during or because of the work, and the employer shall be able to pay his liability only by proving the foreign cause The obligation of the employer to ensure the professional safety of the worker in the employment contract may be committed to achieving a result, and may be a commitment to care in limited respects.

The distinction between the two obligations in identifying the person charged with the burden of proof is highlighted.

The burden of proof of damage to the worker (creditor) lies with the failure of the desired result that the employer (the debtor) has achieved to achieve the worker.

The employer shall not dispose of that responsibility except by proving the foreign cause.

The burden of proving the failure of the employer to carry out his obligation and lack of care and negligence is also borne by the worker after being harmed by such negligence.

He shall be bound to prove the fault of the employer who caused the damage and the causal relationship between them (error and damage).

The employer must prove otherwise in order to dispose of civil liability.

The obligation to ensure professional safety is likely to be bound by a result in terms of origin, and the obligation to take care remains an exception in the contract of employment