Compensation for damages caused by labor rights with an emphasis on the role of fault

Message:
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
Background and Purpose

Examining the issues related to work and employment and the relationship between the worker and the employer is one of the important issues, the necessity of which is felt today more than ever. The purpose of this article is to compensate the damages caused by labor rights by emphasizing the role of fault.

Materials and Methods

The research method is descriptive and analytical and this research is theoretical. The method that has been used .

Ethical Considerations: 

In this article, the originality of the texts, honesty and trustworthiness are observed.

findings

Compensation for damages caused by labor rights is done in two ways, including civil liability of the employer or the social security and insurance system. Damage compensation is through the "main" civil liability system and through the "subsidiary" social security and insurance system. And on the other hand, since full compensation for damages is not accepted in the social security and insurance systems, and they pay damages up to a certain limit, and some other damages, such as moral damages, increase in living expenses.

Result

compensation for work accidents is based on the assumption of fault and the legislator has only made exceptions in this regard. According to the first part of Article 12 of the Civil Liability Law, the basis of responsibility is based on the guarantee of the right and vicarious liability, and according to the second part of the mentioned article, the employer is presumed.

Language:
Persian
Published:
Economic Jurisprudence Studies, Volume:6 Issue: 3, 2024
Pages:
51 to 68
https://magiran.com/p2784203  
مقالات دیگری از این نویسنده (گان)