Academic literature on the topic 'Employers' liability'

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Journal articles on the topic "Employers' liability"

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Reeves, T. "Support for Employees: Potential Liability of Employers." Business Law Review 16, Issue 7 (1995): 157–61. http://dx.doi.org/10.54648/bula1995043.

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Balvardi, Keyvan Daryabeigi. "Civil Liability of Employers against Workers." Journal of Politics and Law 10, no. 3 (2017): 151. http://dx.doi.org/10.5539/jpl.v10n3p151.

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The aim of this study was to determine civil liability arising from the exercise of employee and employer. The terms of realization of civil liability include the general and specific conditions and of important theories about civil liability of employers against workers is the risk and fault theory. The popular legal opinion is that employer's liability is based on the fault assumption which refers to a fault-based liability where the fault is assumed and doesn’t need proof. But it seems the base of sum of the employer's liability is sum and integration of risk theories and the fault assumpti
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Freedland, M. R., H. G. Collins, and BRENDA BARRETT. "EMPLOYERS' VICARIOUS LIABILITY." Industrial Law Journal 18, no. 3 (1989): 159–61. http://dx.doi.org/10.1093/ilj/18.3.159.

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Freedland, M. R., H. G. Collins, and EWAN MCKENDRICK. "EMPLOYERS' VICARIOUS LIABILITY." Industrial Law Journal 18, no. 3 (1989): 161–64. http://dx.doi.org/10.1093/ilj/18.3.161.

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Ntsanyu Nana, Constantine. "Sexual Harassment in the Workplace in South Africa: The Unlimited Vicarious Liability of Employers?" Journal of African Law 52, no. 2 (2008): 245–67. http://dx.doi.org/10.1017/s0021855308000119.

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AbstractThe South African Supreme Court of Appeal and Constitutional Court have ruled that the employer is vicariously liable for sexual violence perpetrated by his employee on a co-employee or on a third party in the workplace or in what can be considered as an extension of the workplace. This is similar to the current position in the United Kingdom. This article questions the rationale of holding employers vicariously liable for intentional acts of employees such as sexual harassment. In a bid to justify their position, these courts have adopted a sort of vicarious liability with no outer li
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Albin, Einat. "Customer Domination at Work: A New Paradigm for the Sexual Harassment of Employees by Customers." Michigan Journal of Gender & Law, no. 24.2 (2017): 167. http://dx.doi.org/10.36641/mjgl.24.2.customer.

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This Article introduces a novel legal paradigm—customer domination at work—to address the sexual harassment of employees by customers. This new approach challenges the prevailing paradigm, which focuses on the employer-employee binary relationship. I show how, under current Title VII law, the prevailing paradigm leads to a weaker form of employer liability than other instances where employers are liable for the sexual harassment of their employees. The protection for workers is also limited. The same is true of two other legal regimes discussed in the Article: Germany and Britain. More importa
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Mustafa, Engin. "The liability of employers for work stress." Human Resource Management International Digest 23, no. 6 (2015): 40–42. http://dx.doi.org/10.1108/hrmid-06-2015-0101.

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Purpose – Considers the subject of work stress and the potential liability to employers that may arise. Design/methodology/approach – Provides details of recent cases from England and Wales that bear upon workplace stress. Findings – Explains that, for liability to arise, there needs to be an injury to heath, and this needs to be attributable to stress at work. Practical implications – Advances the view that employers can reduce the likelihood of a successful claim as follows: reduce stress in the work environment; give clear written guidance on actions that employees should take if they feel
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Mervartová, Jana. "Compensation for industrial injuries and occupational diseases." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 59, no. 4 (2011): 151–58. http://dx.doi.org/10.11118/actaun201159040151.

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According to the current legislation in the Labour Code the employer’s liability for personal injury resulting from industrial injury or disease is objective, i.e. liability for result. Employer has always an obligation to pay damages if the employer has not liberated himself from no-fault liability. In terms which are explicitly defined by the Labour Code the employer can relieved from fully liability or in part. The injured party is entitled to compensation for loss of earnings and compensation for pain and diminished social capability, and compensation for reasonably incurred expenses relat
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Trenyisán, Máté. "A munkáltató kártérítési felelőssége az atipikus munkaviszonyokban." Erdélyi Jogélet 3, no. 4 (2021): 199–215. http://dx.doi.org/10.47745/erjog.2020.04.15.

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"Employers’ liability for damages is an extremely strict, no-fault liability. In practically all cases, employers are liable for employment-related damages suffered by employees. Rules on employers’ liability for damages has been changed in many aspects by the Hungarian code of labour law in the private sector, Act I of 2012 on the Labour Code (hereinafter referred to as Labour Code). These changes have introduced some, generally private law institutions into the assessment of liability, such as the foreseeability clause. The application of these rules raises a lot of questions even in typical
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Shearer, Robert A. "Due Process Liability in Personnel Records Management: Preserving Employee Liberty Interests." Public Personnel Management 21, no. 4 (1992): 523–32. http://dx.doi.org/10.1177/009102609202100408.

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As public employers well know, the Fifth and Fourteenth Amendments to the United States Constitution guarantee due process to protect property interests associated with workers' legitimate expectations of continued employment. Equally well-established, although probably less often the subject of litigation, are the due process rights of public employees whose liberty interests, i.e., their right to be free of unwarranted professional stigma, are jeopardized by employer conduct. This paper analyzes several recent cases in which public employees charged liberty interest violations as a result of
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Dissertations / Theses on the topic "Employers' liability"

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Suh, Raphael Won-Pil. "Arbeitgeberhaftung wegen Diskriminierung, sexueller Belästigung und fehlerhafter Kündigung in den USA : Möglichkeiten zur Versicherung solcher Risiken und das Allgemeine Gleichbehandlungsgesetz /." Hamburg : Kovač, 2008. http://www.verlagdrkovac.de/978-3-8300-3536-7.htm.

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Cheng, Yau-mei Corrina. "An analysis of the employees' compensation system in Hong Kong." Hong Kong : University of Hong Kong, 1996. http://sunzi.lib.hku.hk/hkuto/record.jsp?B17508162.

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Neuhöfer, Daniel. "Monitoring employees' e-mail communication : a comparative analysis of employers' criminal liability under British and German law /." München : AVM, 2010. http://deposit.d-nb.de/cgi-bin/dokserv?id=3434591&prov=M&dokv̲ar=1&doke̲xt=htm.

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Neuhöfer, Daniel. "Monitoring employees' e-mail communication a comparative analysis of employers' criminal liability under British and German law." München AVM, 2009. http://d-nb.info/1000542610/04.

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Cheng, Yau-mei Corrina, and 鄭有媚. "An analysis of the employees' compensation system in Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1996. http://hub.hku.hk/bib/B31964898.

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Brandt, Denver Charles. "Civil liability of an employer for injuries on duty." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1042.

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The workplace has evolved dramatically in the past decades. Technology has improved, innovative ways of utilising nuclear power have been developed, new chemicals have been introduced to the market and the adverse effects of other chemicals on both human health and safety and the environment have been discovered. This has influenced the nature of the workplace itself. While employees enjoy a common law right to a safe working environment and health and safety, state intervention currently provides restricted claims to an employee who has sustained injuries or contracted occupational diseases.
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Armond, Geraldo Henrique de Souza. "A responsabilidade objetiva do empregador no acidente do trabalho." Universidade de São Paulo, 2011. http://www.teses.usp.br/teses/disponiveis/2/2138/tde-18042012-154810/.

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O presente estudo aborda o acidente do trabalho e sua reparação pelo direito comum em face dos dois principais sistemas que fundamentam a responsabilização civil do empregador por acidentes do trabalho - subjetivo e objetivo -, principalmente após a entrada em vigor do novel Código Civil brasileiro, o qual, a despeito de ter mantido como regra geral, no caput do seu artigo 927, a responsabilidade subjetiva, estabeleceu, no parágrafo único desse mesmo dispositivo, concomitantemente, regime especial de responsabilidade objetiva nas hipóteses especificadas em lei ou na hipótese de a atividade nor
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Garcia, Gabriella Cociolito. "A configuração de grupo econômico na justiça do trabalho." Pontifícia Universidade Católica de São Paulo, 2018. https://tede2.pucsp.br/handle/handle/21687.

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Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2018-12-05T11:46:59Z No. of bitstreams: 1 Gabriella Cociolito Garcia.pdf: 1132348 bytes, checksum: 3ce4361338bf0ca9866e4673a8f58a83 (MD5)<br>Made available in DSpace on 2018-12-05T11:46:59Z (GMT). No. of bitstreams: 1 Gabriella Cociolito Garcia.pdf: 1132348 bytes, checksum: 3ce4361338bf0ca9866e4673a8f58a83 (MD5) Previous issue date: 2018-10-22<br>The purpose of this paper consists in point out the relevance of the economic groups in the Labor Area, examining their characteristics and legal implications from a sociological, economic an
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Schelp, Ira. "Die Haftungsbelastung des Arbeitnehmers bei Schädigung Dritter." Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2004. http://dx.doi.org/10.18452/15152.

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Die vorgelegte Arbeit behandelt die Haftungsbelastung des Arbeitnehmers, wenn dieser im Rahmen seiner Arbeitstätigkeit einen Dritten schädigt. Es handelt sich um eine rechtsvergleichende Betrachtung, die sich die Erstellung eines europäischen Regelungsentwurfes zum Ziel gemacht hat. Rechtsvergleichend konnte festgestellt werden, dass im europäischen Rechtsraum teils gravierende Unterschiede bei der Haftungsinanspruchnahme des Arbeitnehmers zu verzeichnen sind. Diese Unterschiede beruhen auf divergierenden Wertungen der Frage ob eine Haftungsaufteilung zwischen Arbeitgeber und Arbeitnehme
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Thelen, Daniel. "Die Haftung des Sekundärschädigers für Gewalttaten anderer im US-amerikanischen Deliktsrecht : ausgehend von dem Problem rechtsextremistisch motivierter Gewalttaten /." Frankfurt am Main [u.a.] : Lang, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/512345805.pdf.

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Books on the topic "Employers' liability"

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American Bar Association. National Institute. Employer-employee tort liability. American Bar Association, 1987.

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American Bar Association. National Institute. Employer-employee tort liability. American Bar Association, 1987.

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Texas. Research and Oversight Council on Workers' Compensation., ed. Experiences of injured workers employed by nonsubscribing employers. Research and Oversight Council on Workers' Compensation, 1997.

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Oliphant, Ken, and Gerhard Wagner, eds. Employers' Liability and Workers' Compensation. DE GRUYTER, 2012. http://dx.doi.org/10.1515/9783110270211.

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Munkman, John. Munkman on employer's liability. Butterworths, 1995.

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Munkman, John H. Employer's liability at common law. Butterworths, 1985.

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Marks, Francis. Industrial accidents: Employers' liability and damages. CCH Australia, 1987.

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Munkman, John. Employer's liability at common law. Butterworths, 1985.

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Kumar, H. L. Employer's liability on accidents. Universal Book Traders, 1992.

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Kowatch, Diana L. Employment-related practices liability insurance. Rough Notes Co., 1999.

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Book chapters on the topic "Employers' liability"

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Laws, Wendy. "Employers' liability." In Essential Tort Law for SQE1. Routledge, 2021. http://dx.doi.org/10.4324/9781003133698-19.

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Kodilinye, Gilbert, and Natalie Corthésy. "Employers' Liability." In Commonwealth Caribbean Tort Law, 6th ed. Routledge, 2022. http://dx.doi.org/10.4324/9781351065108-6.

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Hughes-Davies, Timon, and Nathan Tamblyn. "Employers’ Liability." In Tort Law. Routledge, 2019. http://dx.doi.org/10.4324/9781315149097-10.

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Kelly, David, Ruby Hammer, Janice Denoncourt, and John Hendy. "Vicarious and employers’ liability." In Business Law. Routledge, 2020. http://dx.doi.org/10.4324/9780429297694-13.

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Moorman, Anita M. "Employer Liability for Acts of Employees and Others." In Sport Law. Routledge, 2020. http://dx.doi.org/10.4324/9780429322365-4.

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Hogarth, Robert. "Employer’s Liability Policies." In Insurance Law For The Construction Industry. Oxford University PressOxford, 2008. http://dx.doi.org/10.1093/oso/9780199235513.003.0014.

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Abstract It is compulsory for all employers to maintain employer’s liability insurance. It is this insurance which will usually respond to accidents on site which result in injury to the Insured ‘s employees. All employers are under a duty to ensure the health and safety of their employees and there is in place a raft of health and safety legislation which sets out the guidelines for employers for various tasks. Any breach of the legislation, by the employer or an individual employee, which causes injury to another employee or member of the public could give rise to a claim.
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Brennan, Carol. "9. Employers’ liability and vicarious liability." In Tort Law Concentrate. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198840541.003.0009.

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This chapter discusses both common law and statute on employers’ liability and vicarious liability. Employers’ liability is concerned with the employer’s personal, non-delegable duty in respect of the physical and psychological safety of his employees. This was established in Wilsons and Clyde Coal v English (1938) and is reinforced by the statutory requirement that employers have compulsory insurance. Vicarious liability involves the employer being liable to a third party for the tort of his employee. This must occur in the course of employment, a concept which was redefined in Lister v Hesley Hall (2002). The employment relationship has been re-examined in the light of institutional child abuse cases.
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Brennan, Carol. "9. Employers’ liability and vicarious liability." In Tort Law Concentrate. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198803904.003.0009.

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This chapter discusses both common law and statute on employers’ liability and vicarious liability. Employers’ liability is concerned with the employer’s personal, non-delegable duty in respect of the physical and psychological safety of his employees. This was established in Wilsons and Clyde Coal v English (1938) and is reinforced by the statutory requirement that employers have compulsory insurance. Vicarious liability involves the employer being liable to a third party for the tort of his employee. This must occur in the course of employment, a concept which was redefined in Lister v Hesley Hall (2002). The employment relationship has been re-examined in the light of institutional child abuse cases.
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Brennan, Carol. "9. Employers’ liability and vicarious liability." In Tort Law Concentrate. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192897275.003.0009.

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This chapter discusses both common law and statute on employers’ liability and vicarious liability. Employers’ liability is concerned with the employer’s personal, non-delegable duty in respect of the physical and psychological safety of his employees. This was established in Wilsons and Clyde Coal v English (1938) and is reinforced by the statutory requirement that employers have compulsory insurance. Vicarious liability involves the employer being liable to a third party for the tort of his employee. This must occur in the course of employment, a concept which was redefined in Lister v Hesley Hall (2002). The employment relationship has been re-examined in the light of institutional child abuse cases.
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Bermingham, Vera, and Carol Brennan. "10. Vicarious liability." In Tort Law Directions. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198805359.003.0010.

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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Employment contracts implicitly require an employer to take all reasonable care to ensure the health and safety of his or her employees. An employee who suffers an injury due to the tort of another employee may make the employer vicariously liable. In addition, the employer has a personal non-delegable duty of care to ensure that his employees are safe in the workplace. This chapter looks at the various sources of employers’ liability for workplace accidents and discusses the distinction between vicarious liability and personal liability. It also examines the non-delegable nature of the employer’s duty and considers developments in employer’s liability for occupational stress.
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Conference papers on the topic "Employers' liability"

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Zhou, Fanyu, and Shixiang Wang. "Host employers' liability for agency employees." In International Conference on Environment and Sustainability. WIT Press, 2014. http://dx.doi.org/10.2495/ices140821.

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Bice, W. Robins. "Offshore Employers Liability: Remedies, Liabilities, Indemnities and Insurance Solutions." In Offshore Technology Conference. Offshore Technology Conference, 1998. http://dx.doi.org/10.4043/8706-ms.

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Munsell, W. P. "Technology on Trial: The Social Framework of Safe Design." In ASME 2018 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2018. http://dx.doi.org/10.1115/imece2018-87017.

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Blocked by novel judicial defenses that deprived them of the common law remedies that the general public enjoyed, workers agitated for decades until growing political pressure led employers and the courts to accept worker’s compensation in America at the beginning of the twentieth century. Two remarkable side-effects of the Worker’s Compensation Acts were the ignition of the safety movement and the reformulation of tort law in regards to technological harms. These changes came just as some of the dangers formerly reserved for industrial workers began to be visited upon consumers in the form of
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Novotná, Marianna. "Zodpovednosť za škodu spôsobenú zamestnancom trochu inak." In Naděje právní vědy 2022. University of West Bohemia, Czech Republic, 2023. http://dx.doi.org/10.24132/zcu.nadeje.2022.440-450.

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The paper deals with a very narrow and rather conceptually oriented scope of selected issues of liability for damage caused by an employee, while performing an activity for the employer or outside the framework of such activities, to the employer, to another employee or to a third party standing outside the employer’s structures. The paper looks at the problem outlined not only from the perspective of labour law but also from the perspective of the relevant civil law provisions.
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Lister, J. "Employer liability for work related stress after “Walker”." In IEE Colloquium on `Managing Stress at Work'. IEE, 1997. http://dx.doi.org/10.1049/ic:19970374.

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Guliaeva, A. A. "The problems of applying civil liability of medical employees." In All-Russian scientific-practical conference of young scientists, graduate students and students, chair E. A. Dorozhinskaia. Технического института (ф) СВФУ, 2018. http://dx.doi.org/10.18411/a-2018-164.

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Mustafa, Teuku Fathir, and Bismar Nasution. "Employee Criminal Liability for the Prudential Principle of a Bank." In International Conference on Culture Heritage, Education, Sustainable Tourism, and Innovation Technologies. SCITEPRESS - Science and Technology Publications, 2020. http://dx.doi.org/10.5220/0010294200280034.

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Papež, Petr. "Náhrada újmy v pracovněprávních vztazích." In Naděje právní vědy 2022. University of West Bohemia, Czech Republic, 2023. http://dx.doi.org/10.24132/zcu.nadeje.2022.470-479.

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Liability for damages is a special form of relationship where, on the basis of a violation of an already existing primary obligation, a secondary obligation – the obligation to compensate the damages – arises for the harming party. There is a considerable number of „types“ of liability for damages, many of which are primarily governed by the Civil Code, others are governed by special statutes. Compensation for damages in employment relations is regulated in a special legal regulation – Act No. 262/2006 Coll., Labor Code, as amended, which covers the legal regulation in question rather comprehe
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Yang, Richard R., and Mike Borowczak. "Predictive liability models and visualizations of high dimensional retail employee data." In the 2nd International Conference. ACM Press, 2018. http://dx.doi.org/10.1145/3194206.3195587.

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Li, Xiao Ding, Yu Gong, Guang Hui Li, et al. "Research on Liability Insurance for Radioactive Sources and Suggestions to China." In 2022 29th International Conference on Nuclear Engineering. American Society of Mechanical Engineers, 2022. http://dx.doi.org/10.1115/icone29-93505.

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Abstract Radioactive source liability insurance refers to the form of insurance in which the insurer shall be liable for compensation according to law when the insured uses radioactive sources to cause radiation damage or environmental pollution to a third party and is claimed for compensation. This paper deeply investigates the practical experience of various countries in the field of radioactive source liability insurance; this type of insurance has a lot of mature application experience in Europe &amp; US, the two major nuclear damage compensation convention systems have not yet stipulated
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Reports on the topic "Employers' liability"

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Kangave, Jalia, Ronald Waiswa, and Nathan Sebaggala. Are Women More Tax Compliant than Men? How Would We Know? Institute of Development Studies, 2021. http://dx.doi.org/10.19088/ictd.2021.006.

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Most research on tax compliance, including research on gender differences in compliance, is based on one of two problematic sources of data. One is surveys enquiring about attitudes and beliefs about taxpaying, or actual taxpaying behaviour. The other is experiments in which people who may or may not have experience of paying different types of taxes are asked to act out roles as taxpayers in hypothetical situations. Much more accurate and reliable research is possible with access to ‘tax administrative data’, i.e. the records maintained by tax collection organisations. With tax administrative
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Government Savings Bank of New South Wales - Sydney (Head Office) - Chief Inspector's Department - Staff Records - Employers' Liability Insurance Fund - 1916 - 1932. Reserve Bank of Australia, 2023. http://dx.doi.org/10.47688/rba_archives_2006/22135.

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