| Abstract [eng] |
This master thesis analyzes provides analysis of the employer's responsibility for the damage caused to the health of the employee or the death of the employee, by analyzing the regulations of international, European Union and Republic of Lithuania legal acts, legal doctrine, and the practice of the courts of the Republic of Lithuania. The right of a person to have suitable, safe, and healthy working conditions established in the Constitution of the Republic of Lithuania is, among other things, implemented through preventive measures that determine the employer's responsibility for the damage caused to the employee's health or his death. The thesis analyzes the bases of the employer's legal responsibility for the injury or death of the employee, established in both international and national legal acts. The basis of the employer's legal responsibility is analyzed - a violation of worker safety and health requirements due to improper organization of work, violating the duty to create a work environment where employees do not experience violence and harassment, a violation that can cause an accident at work or an occupational disease, and the features of these consequences. The work also distinguishes the possible types of employer's liability - material, civil, criminal, and administrative liability - and discusses the peculiarities of each of them and the circumstances that limit or eliminate liability. The applicability of the concept of material liability in the legal doctrine, possible effects of the changes in Lithuanian criminal law, the possibility of the employer's administrative responsibility are discussed. The analysis of legal acts and court precedent in the thesis leads to conclusions regarding the possible types, limits of employer's responsibility, effectiveness of the legal acts changing the limits of employer's responsibility, and proposals to ensure safe and healthy working conditions more effectively. |
