Foundation, scope and limits of the guarantor position of the employer in the face of risks and accidents at work

Within the framework of the complex structure of the company, where the processes of production or distribution of goods and / or services are potentially dangerous for the juridical life and health of the workers, the problematic referred to the foundation is highlighted. -and scope- of the positio...

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Detalles Bibliográficos
Autor Principal: Gallo, Patricia
Formato: Artículo (Article)
Lenguaje:Español (Spanish)
Publicado: Instituto de Ciencias Penales y Criminológicas 2020
Acceso en línea:https://revistas.uexternado.edu.co/index.php/derpen/article/view/6824
Descripción
Sumario:Within the framework of the complex structure of the company, where the processes of production or distribution of goods and / or services are potentially dangerous for the juridical life and health of the workers, the problematic referred to the foundation is highlighted. -and scope- of the position of guarantor of the employer (against risks and accidents at work) as the exclusive organizer of the production process. In this context, it will be necessary to outline the defining criterion of the figure of the entrepreneur, as well as to delimit the spheres of competence among the managers of the company (taking into account the mechanism of delegation as the origin of the different areas of organization). However, it should also be defined under what conditions can be spoken of a sphere of competence of the worker (considered as a self-responsible subject and owner of their legal assets exposed to risk).