La obligación empresarial de prevención de los riesgos laborales

Abstract

The aim of the present research is to define to what extent the employer is responsible for the safety and health of their employees. To do this, first it seems reasonable to have a look at the basic legal sources both in a national and European level. After that, a dogmatic construction of this general obligation is created. Based on this dogmatic construction, two branches appear: one corresponding to obligations of prevention and the other one corresponding to obligations of protection. The � [+]importance of this classification is reflected in that, depending on the rating of a given particular obligation as a preventive or protective one, there will be a distinction when making the evaluation of your breach or liability arising. The last part of the thesis examines, in depth, the so-called preventive obligations. It should be noted the extensive reference to the judicial doctrine on the subject (1960-2000).