EU : no-fault liability is not the only way, according to ECJ, to ensure the effective character of the employer’s responsibility for health and safety

The directive defines the scope of responsibility and not the nature of the responsibility.  For the CJEC the directive defines the scope of responsibility but does not define the nature or the forms of the employer’s responsibility. The Member Sates are therefore free to define the type of responsibility they wish to impose provided that their choice does not compromise the achievement of the objectives of the directive, notably by restricting the scope of the employer’s responsibility. In the case, the judges esteem that the Commission has not shown in what way the British clause “can affect the extent of the employer’s general duty to ensure safety resulting from the directive” and that it has not succeeded in demonstrating that the only way to ensure the effective character of the directive is to impose no-fault liability on the employer.  
Enjoy this article for free while you’re in your trial period
You have access to our content for 1 month.

imitation of responsibility” is contrary to directive 89/391 on the implementation of measures to promote the improvement of the health and safety of employees in the workplace.

The “health and safety” directive does not impose a no-fault liability on the employer. The European Commission maintains that article 5 § 1 of directive 89/391, which stipulates “that the employer is responsible for ensuring the health and safety of workers in all work-related aspects” implies “that the employer remai

Do you have information to share with us?
What you absolutely must read this week
The essential content of the week selected by the editorial team.
See all
Romania: collective agreement extended to entire insurance sector
On 3 November, Romania’s National Tripartite Council for Social Dialogue approved the extension of the collective labour agreement signed on 23 May by the Confederation of Employers in the...
United Kingdom largely retained within scope of EWCs despite Brexit, study shows
A study published this month by the Institute for Economic and Social Research, the French trade union research organisation, examined how the involvement of British representatives in European...
Spain: government approves creation of ‘intern status’
The Spanish government has paved the way for the creation of a new status for "persons undergoing non-professional practical training in companies, institutions or public or private organisations...
Luxembourg: two pension reform bills submitted to parliament
After lengthy negotiations with the social partners, in mid-October the Luxembourg government submitted two bills to parliament aimed at reforming the pension system to ensure its long-term...
Most viewed articles of the month on mind HR
What readers clicked on the most last month.
What readers clicked on the most last month.
1
Germany: pensioners in work already common practice, study shows
As the German government steps up measures to encourage people to stay in work beyond the legal retirement age, a new study by the Institute of Economic and Social Research (WSI) – an independent...
2
Spain: government approves creation of ‘intern status’
The Spanish government has paved the way for the creation of a new status for "persons undergoing non-professional practical training in companies, institutions or public or private organisations...
3
France: social conference on labour and pensions to proceed without main employers’ group
The preparatory meeting ahead of the social conference on labour and pensions, which is set to decide on the pension system model and the funding thereof, was held on 4 November at France's labour...
4
Luxembourg: two pension reform bills submitted to parliament
After lengthy negotiations with the social partners, in mid-October the Luxembourg government submitted two bills to parliament aimed at reforming the pension system to ensure its long-term...
5
Candice Guillot (Talan): “Our recruiters save just over 80 hours per year on administrative tasks thanks to AI”
Candice Guillot, group director of employee experience and HR performance at Talan (7,000 employees), outlines for mind RH her vision and strategy for introducing artificial intelligence at the...