2013-06-21
Manager can be held liable for an accident of his subordinate

The majority of managers believe that their contact with the health and safety at work rules (H&S) is limited to periodical trainings which, same as other employees, must be ticked from time to time. Yet the Labour Code anticipates quite a lot of duties for a manager, who manages employees. Managers may not release themselves from duty to observe them and in case of non-observance, resulting in an accident of the employee, they can be held liable. Besides liability for a petty offence against H&S rules and a fine, managers are exposed to claims for redress of damages caused to the employer, and sometimes under the Civil Code rules for damages suffered by the injured in the accident employee or the close family of the deceased employee (satisfaction, indemnity or injury-compensating annuity). In extreme circumstances even a criminal liability under the Criminal Code is possible.



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We discuss the current labour law, legal judgments and interpretations issued
by the National Labor Inspectorate and the Polish Ministry of Labour and Social Policy.

 

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