Employer Liability Research Articles

ВІДПОВІДАЛЬНІСТЬ МЕДИЧНИХ ПРАЦІВНИКІВ ЗА ЗЛОЧИНИ У СФЕРІ ОБІГУ НАРКОТИЧНИХ ЗАСОБІВ, ПЕРЕДБАЧЕНІ СТАТТЕЮ 320 КРИМІНАЛЬНОГО КОДЕКСУ УКРАЇНИ

The article considers the peculiarities of criminal liability of employees of health care institutions for violation of the provisions of Art. 320 of the Criminal Code of Ukraine, which consists of two parts, which differ in the ways (forms) of committing criminal offenses and limits of liability. The methodological basis of the study includes logical-semantic method, by which the types of methods (forms) of committing criminal offenses under Art. 320 of the Criminal Code of Ukraine are studied; a systematic approach, on the basis of which the author analyses the sequence of actions of employees of investigative bodies in the investigation of crimes on the grounds of criminal activity provided for in the provisions of this article. It is established that Art. 320 of the Criminal Code of Ukraine consists of two parts and provides for a wide range of criminal offenses, in particular the cultivation of sleeping poppy or hemp; violation of the rules of production, manufacture, storage, accounting, release, distribution, trade, transportation, shipment or use of narcotic drugs, psychotropic substances, their analogues or precursors intended for the production or manufacture of these drugs or substances; theft, misappropriation, extortion of narcotic drugs, psychotropic substances, their analogues or precursors, or their acquisition by fraud or abuse of office by an official, etc. It is shown that the disposition of Art. 320 of the Criminal Code of Ukraine has a blanket nature, which requires specification of its provisions in other regulations, including orders, instructions, rules. It is emphasized that employees of medical institutions and health care institutions must clearly know the content of the resolution of the Cabinet of Ministers № 770 "On approval of the list of narcotic drugs, psychotropic substances and precursors" from 06.06.2000, the order of the Ministry of Health № 188 "On approval of tables of small, large and especially large amounts of narcotic drugs, psychotropic substances and precursors that are in illicit traffic" from 01.08.2000, which will significantly help them to avoid offenses related to drug trafficking. Special attention should by paid to compliance with the rules of storage, transfer, accounting, release, distribution, trade, transportation, as well as the introduction of drug logs. The article also shows the sequence of actions of employees of investigative bodies during crime investigation on grounds of the criminal activity provided by Art. 320 of the Criminal Code of Ukraine.

ПРАВОМІРНІСТЬ ЯК СВІТОГЛЯДНИЙ КРИТЕРІЙ ОЦІНКИ ПОВЕДІНКИ ТА ДІЯЛЬНОСТІ

The article considers the peculiarities of criminal liability of employees of health care institutions for violation of the provisions of Art. 320 of the Criminal Code of Ukraine, which consists of two parts, which differ in the ways (forms) of committing criminal offenses and limits of liability. The methodological basis of the study includes logical-semantic method, by which the types of methods (forms) of committing criminal offenses under Art. 320 of the Criminal Code of Ukraine are studied; a systematic approach, on the basis of which the author analyses the sequence of actions of employees of investigative bodies in the investigation of crimes on the grounds of criminal activity provided for in the provisions of this article. It is established that Art. 320 of the Criminal Code of Ukraine consists of two parts and provides for a wide range of criminal offenses, in particular the cultivation of sleeping poppy or hemp; violation of the rules of production, manufacture, storage, accounting, release, distribution, trade, transportation, shipment or use of narcotic drugs, psychotropic substances, their analogues or precursors intended for the production or manufacture of these drugs or substances; theft, misappropriation, extortion of narcotic drugs, psychotropic substances, their analogues or precursors, or their acquisition by fraud or abuse of office by an official, etc. It is shown that the disposition of Art. 320 of the Criminal Code of Ukraine has a blanket nature, which requires specification of its provisions in other regulations, including orders, instructions, rules. It is emphasized that employees of medical institutions and health care institutions must clearly know the content of the resolution of the Cabinet of Ministers № 770 "On approval of the list of narcotic drugs, psychotropic substances and precursors" from 06.06.2000, the order of the Ministry of Health № 188 "On approval of tables of small, large and especially large amounts of narcotic drugs, psychotropic substances and precursors that are in illicit traffic" from 01.08.2000, which will significantly help them to avoid offenses related to drug trafficking. Special attention should by paid to compliance with the rules of storage, transfer, accounting, release, distribution, trade, transportation, as well as the introduction of drug logs. The article also shows the sequence of actions of employees of investigative bodies during crime investigation on grounds of the criminal activity provided by Art. 320 of the Criminal Code of Ukraine.

Employer Liability for "Take-Home" COVID-19.

Workplace exposure to SARS-CoV-2 has sickened workers and, subsequently, their family members. Family members might be able to recover from the employer in a negligence action using "take-home" liability theory.

Evolution of the Concept of «Disciplinary Misconduct» in the Context of Digitalization of the Economy

The article discusses the impact of the process of digitalization of the economy on the legal regulation of disciplinary liability of employees in the context of the development of the concept of «disciplinary misconduct» as the actual basis for applying this type of legal liability.

Employer Liability for 'Take-Home' COVID-19

Workplace exposure to SARS-CoV-2 has been a source of morbidity and mortality from COVID-19, especially for “essential workers,” such as those employed in health care and meatpacking. Many family members of these workers also have become infected and died. If the employee’s exposure was the result of the employer’s negligence, the family member or the family member’s estate might be able to recover from the employer using the “take-home” liability theory first developed in asbestos cases. This article discusses the elements of these cases and how they relate to workers’ compensation, OSHA enforcement, and other aspects of workplace safety and health protections.

Liability of employers for third party harassment in the UK

Purpose This paper aims to summarise current law dealing with third party harassment in workplaces in the UK and make recommendations for improving law. Design/methodology/approach Review of case law, articles etc. Findings It is found that the current law is inadequate and unclear, and in dire need of reform. Research limitations/implications This research study will be useful for trade unions and employers and employees and workers. Practical implications This study supports the cause of reform of the law. Originality/value To the best of the author’s knowledge, this study is an original piece of work.

The vicarious liability of employers for employees in the context of UK data protection law – WM Morrison Supermarkets plc v Various Claimants, 1st April, 2020

This paper discusses the ruling concerning the judgment of the UK Supreme Court in an appeal brought by the supermarket retailer WM Morrison (Morrisons) against a claim brought by former and existing employees of Morrisons (the Claimants) due to the actions of a rogue Morrisons’ employee (Morrisons’ Employee). In the High Court, the judge (Mr Justice Langstaff) had determined that, although Morrisons was not primarily liable for the actions of the rogue employee, Morrisons was vicariously liable. Morrisons had appealed to the Court of Appeal who dismissed the appeal on 22nd October, 2018. Morrisons then appealed to the Supreme Court.

인공지능 로봇의 오작동에 의한 사고로 인한 불법행위책임

It is questionable who will be held responsible for damages caused by malfunction artificial intelligence robots. In particular, if a contract relationship does not exist, when an artificial intelligence robot damages a third party, the liability for damages due to illegal acts is problematic. In this paper, the author looked at how to solve the problem that occurs on the premise that the development of artificial intelligence could lead to various human-related tort laws problems. Under the current act on liability of illegal activities, it is impossible to attribute responsibility to the responsible person by judging the responsible person according to principle of liability with fault, when the damage is caused by a malfunction of an artificial intelligence robot. As such, damages caused by accidents caused by artificial intelligence robots cannot be resolved through illegal acts under civil law, which is based on the principle of liability with fault and liability of possessor, owner of structure, employer's liability for compensation, product liability under our civil law also has problems and limitations. If it is impossible to solve the problem due to the theory of illegal activities in the past, it should eventually introduce a responsibility regulation that is suitable for the illegal activities of artificial intelligence robots. I think we can consider the risk liability as a new model of tort liability due to accident caused by an artificial intelligence malfunction. Risk liability is a responsibility arising from the fact that the hazard is in possession and control. Therefore, the users who control the hazard must compensate for the damage. The primary subject of liability for damages is the robot user who benefits from the use of robots. Even if the risk liability is recognized and the robot user is primarily responsible for the malfunction of artificial intelligence, it is a separate matter whether the robot is able to compensate the victim or not. In this regard, it is necessary to disperse the risks and responsibilities of artificial intelligence robots through the operation of the mandatory insurance system for the consequences of causing unexpected damage to others. It can be considered compensating damages that cannot be covered by insurance through the fund system through social consensus of victim relief.

PECULIARITIES OF SUPERVISION OVER THE RECEPTION, REGISTRATION AND AUTHORIZATION OF CRIMES UNDER ARTICLE 145.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION BY THE PRELIMINARY INVESTIGATION AUTHORITIES

The Constitution of the Russian Federation protects the right to work for remuneration not below the statutory minimum wage. Non-payment of wages is one of the most serious violations of worker's rights. In this regard, the current legislation provides for different types of employer liability for violating these provisions: civil, administrative and criminal. The Federal law “On amendments to article 145.1 of the Criminal code of the Russian Federation” dated 23.12.2010 No. 382-FZ tightened criminal liability for non-payment of wages. Thus, in particular, this law introduced criminal liability for partial non-payment of wages, while the former wording of article 145.1 of the Criminal code established liability only for its complete failure. In practice, this norm has not previously been brought to criminal liability for partial non-payment of wages. The paper deals with the issues of powers of the Prosecutor at the stage of reception, registration and resolution of reports on crimes provided for by article 145.1 of the criminal code. The problematic issues arising from the investigative authorities in conducting procedural checks on the specified categories of messages are analyzed. Suggestions on the improvement of criminal-procedural legislation are made.

Odpowiedzialność pracodawcy z tytułu mobbingu w polskim prawie pracy

Odpowiedzialność pracodawcy z tytułu mobbingu w polskim prawie pracy

Social Workers’ Compensation Models and the Czech Statutory Employer Liability Insurance

Abstract Czech workers’ compensation is “exemplified” by the adoption of the Worker’s Accident Insurance Act in 2006, four deferments of its effective date and then complete annulment of the Act. A temporary settlement aimed at resolving the incompatibility of the communist model of workers’ compensation for work accidents and occupational illnesses with the transition to a market economy after 1989 involved the implementation of statutory employer liability insurance for work accidents and occupational illnesses, outsourced to two private insurance companies; the current Czech government does not seem to have a know how to deal with it. The objective of this paper is primarily to advise the government using primarily the formulation and comparison of four basic social workers’ compensation models and furthermore considering the existing sickness, pension and health insurance systems. The choice of a social model is namely a matter of public choice, but intensive lobbying also constitutes part of these processes. The analyses result in a recommendation to “dissolve” the statutory employer liability insurance into a jointly collected social insurance contribution for sickness and pension insurance, and partly to transform the current accident benefits into increased sickness and pension benefit assessments and partly to cancel them.

Video Consultation Hours in the Statutory Accident Insurance - Application Possibilities and Economic Evaluation

Video consultations are becoming more and more important for health care providers as they enable new treatment options. Since 2017 video consultations have been used by the public health insurance companies in Germany. However, similar options are lacking in the employer's liability insurance association (BG in Germany) health insurance system. The aim of this article is to present and discuss possible applications of video consultations in the latter system and to evaluate economic advantages. Possible applications of video consultations are discussed in the context of feasibility, potential benefits and the existing scale of fees for physicians (in Germany UV-GOÄ). Video consultations can be used for follow-up evaluations as well as preparation for initial medical examinations especially in complex cases and for case conferences. Even though video consultations are not included in the reimbursement system, similar CPT codes (current procedural terminology) already do exist. Video consultations might help improve the quality and reduce the costs of the public health insurance system. Furthermore, since video consultations can be expected to become more important in the future, they should be included as a standard tool in the employer's liability insurance association insurance system and an adequate reimbursement system be established.

Legal Opinion & Analysis – Corporate Liability of Employees Pursuant to the Laws of Malaysia

The primary issues raised in this article are with regards to the potential corporate liabilities faced by corporate entities formed pursuant to the laws of Malaysia when entering into e-Contracts with their Customers/Merchants. The following legal advice is rendered upon research undertaken into assessment of the matter and analysis of the same. The purpose of this legal opinion and analysis is to alert the Board of Directors of corporate entities about the potential corporate liability that the Board of Directors, Senior Management as well as the employees of corporate entities may be exposed to.

Uwarunkowania ubezpieczenia odpowiedzialności cywilnej pracowników branży paliwowej w Polsce

In Poland, we have approx. 10,000 fuel stations and fuel depots. Approximately 27 million vehicles registered in Poland and several million vehicles transiting through Poland use the petrol stations. Petrol and LPG stations are very dangerous places with flammable materials. Hence, an important element is the civil liability of employees of petrol stations and fuel and LPG depots. The article presents the scale and types of threats that may occur during the operation of these facilities, and the security elements of this type of place are also discussed. The final part of the article presents the basic elements of liability insurance for petrol operators. The basic elements of this insurance are indicated, such as the scope of the liability, the contribution, the guarantee sum and the problems with settling claims.

Odpowiedzialność odszkodowawcza pracodawcy za rozstrój zdrowia psychicznego pracownika

Odpowiedzialność odszkodowawcza pracodawcy za rozstrój zdrowia psychicznego pracownika

Features of Disciplinary Liability of Employees of Prosecution Office

Features of Disciplinary Liability of Employees of Prosecution Office

Employer's and employee's liability for damage arising directly in connection with the performance of employee duties in the context of restrictions contained in Article 120 of the Labor Code

Employer's and employee's liability for damage arising directly in connection with the performance of employee duties in the context of restrictions contained in Article 120 of the Labor Code

Silicosis: Diagnosis and Medicolegal Implications.

Despite well-publicized sources of occupational hazard, silicosis continues to threaten industrial workers in the United States. We performed a retrospective search of the University of Wisconsin electronic pathology database to retrieve autopsy cases of silicosis and collaborated with the Wisconsin Department of Health Services to obtain statewide epidemiologic data regarding silicosis morbidity/mortality since 2003. Three silicosis autopsy cases were retrieved: all were men with≥30years of occupational crystalline silica exposure and similar histologic features of collagenous pulmonary nodules with admixed refractile particles. Overall, our state exceeds the national rate of silicosis-related hospitalizations and mortality, that is, 10.1 hospitalizations per million WI residents versus 1.2 nationally and 1.2 deaths per million WI residents versus 0.4 nationally. Surveillance is crucial to identify emerging occupational hazards and protect workers. A diagnosis of silicosis must be carefully considered at autopsy since it carries substantial implications for worker's compensation, compensatory losses, and employer liability.

BRIGADE RESPONSIBILITY – WAY TO RECOVER A LACK OF ASSETS

In the activity of each enterprise, there may be a need to seek brigade responsibility in cases where the accounting activity is carried out on shifts within a team (brigade). Brigade responsibility is a concept of financial law, which has its historical explanation from the time of the planned economy and the activity of the trade union organizations. As a preventive coercive measure in the past, it undergoes a transformation in modern times that leads to the emergence of labor-law relations leading to almost unlawful sanctioning of workers under conditions when the activities of exchange are carried out in shifts within a separate labor force.The objective of brigade responsibility in today's conditions is to reduce the losses for the owners of the economically separate reporting units at the expense of the workers under the changed working hours regime.The purpose of this report is to determine the prerequisites for the search for property liability within a working group working at a changing organization of working time. A review of the conditions for the realization of property liability is made in the presence of prerequisites for seeking joint and several liability. Employee insecurity in terms of remuneration received, reduced by the amounts due under a british liability contract, is the main reason for the high turnover in those enterprises where the demand for british liability of employees is being applied. The analysis shows that unfair practices by employers apply to workers for whom the state should provide the necessary legal and institutional protection.

Материальная ответственность работников за причиненный ущерб

This article deals with topical issues of employee liability for damage caused, the amount of damage compensation. Based on the analysis of scientific opinions of Russian scientists, the problems of establishing worker’s liability for damages in labor legislation are investigated; there is no common understanding of the institution of material liability, which causes difficulty in identifying the fact of liability in current practice.