Дисертації з теми "Droit de la santé au travail"
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Jover, André-Franck. "Les métamorphoses des services de santé au travail - entre santé au travail et santé publique." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020011.
Повний текст джерелаHealth and security at work, occupational risk prevention (road risk, psychosocial risks), intensification of labor conditions… A number of questions that the enterprise has to take into account. Answering them assumes a variety of points of view and skills. Occupational health services, that have the exclusive mission to prevent any worker health alteration occurring from their work, contribute to this debate. Due to their unique position, as a field actor, they should be the master piece of the occupational health system ; these services are, however, victim of a collective disaffection. The delicate combination of the “medical fitness for work” concept and the occupational risk prevention concept contributes to this disaffection. Since 1942, the institution has seen deep metamorphoses, a number of them appearing from the combination (sometimes being a cause for tension) of the labor law and the public health law. After the Liberation, the incorporation of the institution to the Ministry of Labor, sealed a long domination of the Labor law. The growing power of the Public Health has been jeopardizing progressively this domination. The reform dated 20th July 2011 illustrates this change of balance. The analysis of the links between the Labor Law and the Public Health Law suggests to propose a new paradigm for the sake of the workers’ health, based upon the idea – which is also a fact – that the occupational health service cannot be compared to other providers : this service contributes to the general interest
Lerouge, Loïc. "La reconnaissance de la santé mentale en droit du travail." Nantes, 2004. http://www.theses.fr/2004NANT4016.
Повний текст джерелаDue to the representation it reflects to, work is of major importance for the person. But for sure, the forcing conditions keep evolving. The intensification of the activity, tanks even more mental, the stress are so many factors which can beget in the labourer psychic disorders. The law for social modernisation is an important turn for the right to health at the workplace. The Labour Code expressly recognizes now the mental health of labourers. However, the recognition in itself is not enough to institute a system suitable to resale the mental health at work. We must focus on attack risk prevention to the psychic health of labourers and salaries'. The psychology fragile one will be the first to benefit from it. Likewise the physical health right at work, labourer must be able to enjoy a right of protection of his mental health right at work and he must be replaced in the heart of the contractual relationship
Dias, Marisa. "Santé et travail : le principe de précaution." Paris 8, 2005. http://www.theses.fr/2005PA082591.
Повний текст джерелаBarrigue, de Montvalon Luc de. "La charge de travail : pour une approche renouvelée du droit de la santé du travail." Thesis, Toulouse 1, 2018. http://www.theses.fr/2018TOU10048.
Повний текст джерелаThe notion of workload appeared in the Labour Code in order to protect the employees’ health against risks stemming from an excess of work implied by flexible working time organizations. This work analyses this link between health protection and workload, by determining the conditions of existence of such a link, but also by considering the uses and misuses that may result of it in Labour Law. The restrictive approach of workload focused on excess and overload results in a limited use of this notion and thus an imperfect prevention of the resulting risks. This thesis aims to propose a renewed approach towards occupational health law, based on the notion of reasonable workload. A change is going on in the field of occupational health: the logic of health protection against risks is giving way to a logic of health promotion through work. Looking for a reasonable workload is part of this new logic, as it makes it possible to think of work not solely in terms of risks and to encourage the search for healthy work organizations. By systematizing the requirement of a reasonable workload, companies would be encouraged to integrate man into the decision-making process and to conceive differently the work organization as well as its effects on employees’ health
Salmon, Bertrand. "Le droit de la sante et de la securite du salarie : vers un droit au travail sur." Nantes, 2000. http://www.theses.fr/2000NANT4028.
Повний текст джерелаSiharath, Christine. "L'évolution des services de santé au travail depuis la loi de modernisation sociale du 17 janvier 2002 : enjeux juridiques d'une politique de santé au travail." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32002.
Повний текст джерелаThe interest from the public opinion regarding health and labor safety issues is certainly not new, but these problems have been highlighted recently. Brought to question because of the sanitation affairs linked to the utilization of asbestos by some companies, the occupational health has been the object of reforms introduced by the "Law of Social Modernization" from January 17th, 2002. This translates on shortage of occupational physicians and, at the same time, must address a new set of risk (aging population, musculo-skeletal problems, psychosocial risks and risk related to the use of carcinogenic agents, mutagenic and toxico-reproductive issues). The evolution of the occupational health towards the Health Labor Services promises a renewed administration and organization, implying the definition of the place and role of the occupational physician within the labor medicine's multidisciplinary team. This evolution calls also for a reassignment of the time devoted to medical supervision at a personal level towards collective and global actions on the labor environment and the promotion of the primary prevention. The reform movement was accompanied by strong opposition coming from occupational physicians and their unions, who saw this as a mean from the government to solve the declining demography of the profession at a lower cost. The possibility of having their responsibility engaged because of the delivery, to the employee, of a notification of non contraindication to be exposed to carcinogenic, mutagenic or toxico-reproductive agents was equally criticized. All these problems provide then, an interest for analyzing the reform of the labor medicine
Tarhouny, Nina. "Les risques psychosociaux au travail : Droit et prévention d’une problématique de santé publique." Thesis, Sorbonne Paris Cité, 2018. http://www.theses.fr/2018USPCD067.
Повний текст джерелаThe misnamed psychosocial risks at work reflect the expression of contempt for the absolute fundamental norm and matrix of human rights : the dignity of the human being. As a manifestation of suffering at work, indecent working conditions and organizations (as defined by the UN) lead to the commodification of humankind as a means of productionat the expense of worker’s fundamental rights, such as the right to health at work. Psychosocial risks at work, which are threats to public health, exempting them from the rule of law on which social order is based, and whose consequences of damage to the physical and mental health of workers affect society as a whole, break the social contract between individuals and the State. The legal obligations laid down by international, European and French texts, require the State and companies to exercise active and not only reactive prevention. The State, as guarantor and protector of respect for dignity and human rights, can use its prerogatives as a public authority to better protect workers’ health.Sociovigilance is then required as a new vigilance resulting from occupational health safety. Combined with the creation of an independent authority in charge of occupational health issues, sociovigilance is accompanied by a new proposal for the organisation of occupational risk prevention in France
Faucher, Baptiste. "La santé du sportif professionnel salarié." Nantes, 2013. http://www.theses.fr/2013NANT4015.
Повний текст джерелаThe health of the salaried professional sportsman is a deciding factor for the execution of a working service, which consists of the preparation and the realization of a sports performance. The articulation of sports rules and labour law has to end in the construction, within the clubs, of a specific device of protection allowing each athlete reaching an optimal level of health. The relation between the various rules is however complex. The labour law is sometimes confronted with the sports rules which force its application. The health's protection of the sportsmen is thought out in the short term, in the emergency scheduling of competitions and with the aim of maximizing to use the resources during the time under contract. The labour law is applied only as much as it does not hamper the realization of the sports performance. The right of working time fades before the competitive requirements. The sports activity carries on with imposing its own rhythms, its own organization and exerting all its influence on the body of the athletes. The intensive practice of sport causes wearing out, tiredness and accident. Sportsmen are regularly confronted with injury during their professional career. Social law goes nevertheless to their rescue when their health is impaired. It's necessary to mitigate the sanitary, financial and contractual consequences of the injury
Moustié, Jean-Baptiste. "Droit et risques psychosociaux au travail." Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0266/document.
Повний текст джерелаThe concept of "psychosocial risks at work" gathers several work-related suffering risks. These risks are, at the same time, related to the generating acts of pain and to the expressions of suchpain on employees’ health. Despite its formulation, this concept refers to events affecting both mental and physical health of workers. Such affecting events share the same social ground. Indeed, psychosocial risks are mainly caused by the companies’ organization themselves, management methods or harmful relationships. Even though the expression of psychosocial risks was formerly developed out of the legal environment, it is now generally used in law to deal with issues of health and safety at work. However, the comprehensive understanding of such risks is not yet obvious from a legal perspective. These are complicated to define and delimit, tinged with subjectivity and unlikely to be understood in light of the employment law history. However, law is increasingly taking into account the different dimensions of the workers’ individuality. Also, if the psychosocial risks fail to be recognized, so far, as an independent and entire legal concept, both laws (domestic and international) and case law are more and more referring to it. Therefore, measures and legal solutions applicable to the working relationships in private companies enable to prevent such risks, punish or compensate them. As such, a wide range of people, whether related or not to the company, are able to duly face these factors
Wailly, Jeanne-Marie. "Risques industriels, travail et environnement : contribution du droit de l'environnement à la protection de la santé au travail et ses conséquences sur l'entreprise polluante." Littoral, 2008. http://www.theses.fr/2008DUNK0211.
Повний текст джерелаThis thesis objective is to review the situation, concerning the state of health at work at the beginning of the twenty-first century in France. The matter of the study is more particularly about the health of workers in companies but also about people who live near industrial plants. . . The emphasis is put on the methodology followed, which combines the contribution of law (work, social,. . . ), economy, history and sociology. . . This thesis demonstrates through time and space, the confrontation between health at work and environment. It also shows how the law and other elements have allowed a parallel and then a collaboration. Owever the gap is Hobvious at the end of the 19th Century (with the Industrial Revolution), and the environment law which appears approximatively a century later (in 1970, with the economical crisis). This thesis is illustrated from an empirical point of view by a study realised inside Dunkerque area, whose aim was identify the consequences of air pollution on individuals. The research was led so as to retranscribe as well as possible the feeling or the disorders experienced by the people pollued, and then to translate them, during the analysis on effects on health, and also on social economic effects
Brimo, Sara. "L'Etat et la protection de la santé des travailleurs." Paris 2, 2010. http://www.theses.fr/2010PA020080.
Повний текст джерелаJaeger, Laura. "Nucléaire et santé : recherche sur la relation entre le droit nucléaire et le droit de la santé." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1061.
Повний текст джерелаThis PhD thesis deals with the relationship between nuclear law and health law. Health law is understood in its wide sense, as a legal discipline governing environmental health, i.e. the health of man in his natural and work environment. Nuclear law and health law sharing the same objective of protecting the health of man in his environment, the former is necessarily influenced by the latter. My demonstration focuses in particular on how to characterize this obvious relationship between nuclear law and health law regarding health protection as well as liability for nuclear risks. From this point of view, it opposes the symbiosis of these two fields of the law with regard to health protection against nuclear risks and their split with regard to health liability. The relationship between nuclear law and health law is indeed characterized by a perfect symbiosis regarding health protection against nuclear risk, whichever its origin; the various components of nuclear law, crystallized around the core of radiation protection, complementing one another in order to protect environmental health. However, this symbiosis gives way to a real split regarding health liability for nuclear risks; this one being marked by plural regimes which depend on the professional, medical, civil or military origin of the nuclear risk. The radiological health damage is indeed apprehended sometimes commonly by health law, sometimes specially by nuclear law
Bouldi, Nadia. "Le droit de la prévention à l'aune des sciences du travail : droit et régulation du travail réel." Thesis, Université de Lille (2022-....), 2022. http://www.theses.fr/2022ULILD002.
Повний текст джерелаOur thesis is interdisciplinary: it is based on both fields of Law and ergonomics. This research outlines the prevention Law for labor health. This legal field has been developed in parallel and consubstantially while taking into account the scientific facts, in particular those designed by occupational ergonomics, a discipline which is based on the principle of adapting work to the worker (fitting work to the human), by developing individuals, collectives, and organizations. Also, prevention Law defines a set of spaces concerning expression on work, articulated with spaces for decision-making time. The use of these resources carries the potential of a real democratic process for decision-making, regulating the organization, at the most appropriate scale in company or branch. In this, this right allows to go beyond the relationship of subordination characterizing the working relationship, and this, by giving the development of workers and organizations as an objective. For an efficient use of these resources, supporting the actors of prevention – without dispossessing them of their roles – is often a challenge. The expertise based on the enabling intervention is of interest for this implementation. In addition, prevention law is being renovated thanks to at least three paths: the doctrinal debate conveying the different scientific approaches, case law which adapts the prescribed law according to reminders of reality, and the process of pre-legislation which is inspired by real uses
Aouar, Linda. "Handicap, maladie et droit à l'emploi : de la solidarité à l'égalité substantielle." Paris 10, 2009. http://www.theses.fr/2009PA100146.
Повний текст джерелаThe right to work of disable or ill persons is difficult to guarantee in spite of the existence of protective legislation. These legislations were mostly introduced just after the First World war in favour of the war mutilating, but also at any end of the 19th and in the course of the 20th century in favour of the victims of industrial accidents and occupational diseases. This protection is for example the quota of obligatory employment or the obligation of professional rehabilitation. This protection is based on the principle of solidarity and appears to be restricted in terms of effectiveness of the right to work. International and European law give new perspectives of protection by the emergence of a principle allowing substantial equality taking into account situations to guarantee the effectiveness of rights. In France the passage of the logic of national solidarity in the logic of substantial equality implicates the passage of a medical model based on the inability of the person in an environmental model based on competences and the abolition of the environmental barriers. As for disability or as illness the respect for substantial equality implicates that the employer takes appropriate measures so that work is compatible with disability or the illness of the worker if he is competent to fulfil essential tasks of the work
Lequillerier, Clémentine. "La santé du cocontractant." Thesis, Paris 5, 2013. http://www.theses.fr/2013PA05D014.
Повний текст джерелаIn the context of population ageing, of new diseases emerging and of increasing risks, the role of health within contract law is questioned. The health of the contractor is considered at the formation of the contract when it influences the essential conditions of its validity. However, is the health of the party considered at the performance of the contract using the general theory of obligations? It is from the viewpoint of the alteration of health that the issue should be treated. This concept, which cannot merely be reduced to illness, will indeed allow to address the modification in the initial state of healthof the contractor during the performance of the contract, or even following its execution. It is actually because health appears as an element of the contract, either because it is revealed or because it is enshrined by the judge, that the alteration of health is taken into account at the stage of performance of the contract. When the alteration of health disrupts the performance of the contract, the judge raises it as a cause for adaptation or termination of contract. In the event the contract has an impact on the health of the contractor, the consideration of the alteration will lead to compensation but also to the protection of his health. Both contractual and indemnity mechanisms will enable contractors to be accountable, thus helping to prevent the alteration of health following a defective performance of the contract. This analysis also demonstrates that the performance of the contract depends upon the health of the contractor. If the consideration of the alteration of health appears theoretically justified, should it not be more widely taken into account? Without calling into question the foundations of the consideration of the alteration of health, various proposals are expressed to this end
Douay, Sophie. "L'irruption de la génétique dans les relations de travail : nouveaux regards sur la protection de la santé au travail." Lille 2, 2001. http://www.theses.fr/2001LIL20019.
Повний текст джерелаThe progress of molecular medicine applied in the work environment has fostered and continues to foster enormous hopes in terms of the recovery and the avoidance of illness, created from some dreadful fears of the emergence of a kind of "bio-cracy" or "geno-cracy", at the heart of which rules and values would be re-examined in the light of biol027475921ogical and genetic criteria, to which the scientific nature would confer a sort of absolute value. Apart from the fantasies of some, the development of genetic tests in the work environment would constitute an important market for the promoters and distributors concerned. .
Laflamme, Anne-Marie. "La protection de la santé mentale au travail : le nécessaire passage d'un régime fondé sur la réparation des atteintes vers un régime de gestion préventive des risques psychosociaux." Thesis, Université Laval, 2008. http://www.theses.ulaval.ca/2008/25099/25099.pdf_1.
Повний текст джерелаLanthier, Riopel Camille. "L’accommodement en milieu de travail québécois des personnes souffrant d’un problème de santé mentale." Thesis, Université d'Ottawa / University of Ottawa, 2020. http://hdl.handle.net/10393/40100.
Повний текст джерелаLaraqui, Hossini Chakib El Houssine. "Contribution de la médecine du travail à la santé pour tous en milieu de travail au Maroc : entre l'éthique, le droit et la pratique." Paris 5, 2004. http://www.theses.fr/2004PA05N077.
Повний текст джерелаVogel, Laurent. "L'impact des directives communautaires sur l'harmonisation du droit de la santé au travail des Etats de l'Union Européenne." Nantes, 1998. http://www.theses.fr/1998NANT4009.
Повний текст джерелаDijols, Gilbert. "Évolution de la santé et du travail vers une nouvelle " épistémè " : La société et le droit corrélativement revisités." Paris 1, 2009. http://www.theses.fr/2009PA010273.
Повний текст джерелаSaid, Wais Ilyas. "L'ambivalente libéralisation du droit du travail en République de Djibouti." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0181.
Повний текст джерелаUpon gaining independence, The Republic of Djibouti, as is the case with most of former colonies, renew the labour law implemented during the colonial period. For Djiboutian authorities, it is a matter of preserving a regulation which is the exclusive tool for managing working relations. This situation which is marked by the lack of a normative creativity, only peculiar to Africa, has lasted for half of a century and went on up until the 90’s during which the country witnessed a financial and economic crisis. Beset with this crisis, the Djiboutian state turned to the international financial institutions (IMF, World Bank) which impel it to disentangle from social and economic life. The reform of labour law which began in 1997 and materialized by the adoption of the new Labour Code of 2006 is truly a part of this approach.Despite the liberal offensive, the new modification which is currently under way is characterized by the remarkable persistence of heteronomy and a relative yet significant contractualization of the legal framework of working relations. With regards to the working conditions, the state standards derived from former legislation are mostly renewed to not only ensure the hygiene and the security at the work place but to limit and organize the working time. However, regarding the setting of remunerations, the liberal reform leads to a large deregulation.Up to this day, the reform has not fulfilled its liberal purpose. It has failed to result in decrease of public power. However, there is no doubt that there has been a shift from the exclusive recourse to terms and conditions of employment, work, and remuneration to the possibility of intervention, to varying degrees and according to the matters, of individual contracts as well as the conventions and collective agreements
Salon, Aurélie. "Opportunités et limites du recours au droit pénal en matière de protection de la santé et de la sécurité au travail." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D051.
Повний текст джерелаThe protection of workers' health and safety requires the existence and practical implementation of an effective criminal system, focusing not only on the direct authors of work accidents and occupational diseases but also on any person who, by failing to comply with employment regulations, has indirectly created the conditions for the materialisation of occupational risks. To optimize the use of criminal law in the occupational health and safety field, its limitations must be identified. Inconsistencies and imbalances affecting the action of decision-makers, who are the main actors in the prevention of occupational risks, could be addressed in order to maximise the opportunities the criminal law has to offer
Étiennot, Agnès. "L'alteration de la sante, d'origine non professionnelle, en droit du travail." Lyon 3, 1996. http://www.theses.fr/1996LYO33003.
Повний текст джерелаThe deterioration in health is not only a medical issue but also a stake in society. It threatens any human being and does not stop in front of firm's doors, the deterioration in health thus affects labor-management relations. The matter of the deterioration-in-health effect on the work contract proves to be a compound subject. This stems not only from the multiplicity of the sources on the subject but also from the fact that it stands in the heart of a clash of interests. On the one hand, the employer wants to ensure the profitability of his business, on the other hand the employee does not want to be put at a disadvntage on account of his health. Our studies led us to notice an emergent idea, that of neutralization. In the stages of hiring and contract fulfillment, it appeared to us possible to put forward that labor laws, to some extent, succeed in offsetting the effects of the deterioration in health. That means that owing to differe nt legal principles and rules, labor laws succeed in lessening or even in removing some of the consequences that could stem from the deterioration in health. At the time of hiring, the lawmaker aims to see to it that sick persons should not be disadvantaged in job access. During the work contract, the firm is invested with a social role on the matter. It falls to it, subject to specific limits, to uphold the contractual link with its employee and to pay him wages. This neutralization effect is also present when the employee is no longer in a position to carry out his work. Judges and lawmakers aim at erasing the position of inferiority, coercing the firm into adapting work-carrying out conditions to the new medical capacity of its employee. We however have to acknowledge that this is only a trend and that neutralizati on is not complete on some points. In the stage of the breach of contract, neutralization means something else. It means that the employer loses a part of his freedom of action. Although the labor legislation takes into account the firm's interests and allows, or even induces the employer to break the work contract, this termination right is subject to some conditions. The employer is entitled to exercise his termination right provided that it does not strike a blow at the person respect. On the other hand, when the employer puts forward other grounds, he is entitled to lay off his employee but he has to treat the sick employee like any healthy one
Wantou, Dominique Anny. "La protection de la santé et de la sécurité des travailleurs en Afrique à la lumière du droit français : l'exemple du Cameroun." Paris 11, 2002. http://www.theses.fr/2002PA111009.
Повний текст джерелаBenioudaki, Anna. "Le droit de la discrimination fondée sur le handicap et l’état de santé et sa contribution à la lutte contre la discrimination multiple." Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10019.
Повний текст джерелаNowadays, the issue of labour discrimination is a complex and living subject matter that raises questions about the adaptedness of the rights that are specifically protected by labour legislation to the situation experienced by employees. Legal writing and case-law in this field are constantly evolving. In the first part of this study, we have considered disability and health condition as prohibited grounds of discrimination. Thus, we first analyzed the social construction of disability. Indeed, contrary to the medical model, the social one moves the problem away from the individual person and places it in the social processes that are linked to human diversity. We have examined the statutory duty of reasonable accommodation provided to persons with disabilities and its implementation by case-law, positive actions and their role against disability based discrimination as well as the explanation of the differences in treatment based on disability. We have studied the United Nations Convention on the Rights of Persons with Disabilities, of 13 December 2006. This Convention has indeed become the core of European legislation and policy on disability, underlining its innovations. Furthermore, beyond the concept of “disability”, we have considered the issue of whether illness and unfitness are sufficient to justify a termination or if they are grounds of discrimination. The European legislator does not seem eager to include them in the prohibited discrimination grounds. Our study of the legislation that is protecting against discrimination based on disability has led us to conclude that it has brought solutions in cases where protection against discrimination based on health condition is not regulated. The second part of our study is dedicated to the analysis of multiple discrimination. We have highlighted the ineffectiveness of the European legislation and, thus, that of the majority of legislations of the European Union Member States in fighting against it. We have noted that what should be questioned is the legal categorization system itself. Indeed, it is absolutely inappropriate and does not allow to identify the real sense of the persons’ identity or, consequently, to identify discrimination based on more than one grounds that are interacting in such a manner that makes them totally indissociable. On this matter, we have concluded that the protection scheme against discrimination based on disability could also lead to solutions on the issue of identification of multiple discrimination and protection against it, thanks to the individual approach and to the context evaluation it requires. As a last step, the present study aims at supporting the introduction of the concept of “multiple discrimination” both in the European Union legislation and in that of the Member States. This would give a new impulse to the fight against discriminations and would allow to address the existing legislative deficiencies
Dorémus, Benoît. "Pour un changement de paradigme en santé-travail : essai sur les évolutions juridiques et politiques nécessaires." Rennes 1, 2011. https://www.bnds.fr/collection/theses-numeriques-de-la-bnds/pour-un-changement-de-paradigme-en-sante-travail-9782848744124.html.
Повний текст джерелаThe relationship between work and health has known great changes for the last decades, due to the evolution of attitudes, techniques and science. However, their origin is the taking into account of the “complexity” of our world. The judicial environment of health-work has been subject to important dysfunctions which amount for injury to the individual's or the population's health and one can observe that most of the dysfunctions are tied to the difficulties of applying the principle of equal treatment in health-work, the weakening of solidarity inside the companies themselves because of new work organizations or the absence of solidarity from the company to the society, in regards of public or environmental health care. The principle of equal treatment and the concept of solidarity have underlined the social balance in health-work, but now seem to lose efficiency. The French system, inherited from principles dated from the end of the 19th century and unable to comply with the security requirements demanded by the society, is now letting a phase-in of new ways of thinking the relationship between health and work where the principles of dignity and altruism, the globalization methods of deduction and anticipation of the risks and the adoption of responsibility ethics – with the welfare of the individuals as a primary objective – are the backbone of a new paradigm. French law has evolved for the last few years under the influence of these concepts giving hope that will nonetheless need the full support of the state authority as well as the support of a fair and abiding company which would be recipient in solving the problems of society and the world, in order to prevail
Bardou, Jean-Paul. "Santé et sécurité au travail : de la complexité à l’effectivité. Proposition d’un guide de bonnes pratiques de prévention des risques professionnels." Thesis, Lorient, 2020. http://www.theses.fr/2020LORIL570.
Повний текст джерелаCompanies must respect the legal framework in terms of health and safety at work. This framework, even if it is based on a logic of prevention of professional risks, is due to its complexity, difficult to master for an employer. The first step in our research work was to reveal this legal framework by dissecting it, explaining its subtleties and confronting it with the reality on the ground. In addition, in many cases employers do not learn about the legal framework until they take responsibility. We then thought about how to offer employers effective solutions in order to help them to respect it better and at the same time, to develop the prevention of professional risks for the benefit of workers. Thus, the second stage of our research work consisted in making available to employers a guide to good practice made up of two types of elements: A selection after analysis, of the solutions implemented by collective bargaining, which can have a real and tangible effect in terms of prevention of professional risks and thus correspond to the effectiveness criterion set by case law, Devices allowing them to self-assess their level of compliance with general as well as specific obligations in terms of health and safety at work and to satisfy them with the help of compliance sheets
Nongou-Moundounga, Olivia. "Travail et santé au Gabon : quelles garanties de protection pour les salariés ?" Thesis, Nantes, 2018. http://www.theses.fr/2018NANT2011/document.
Повний текст джерелаSince the first laws establishing a labor code in the Gabonese Republic in 1962, the rules relating to the protection of occupational health are based on two fundamental pillars, the prevention and repair of occupational hazards. With the 1994 reform of the Labor Code, special emphasis has been placed on risk prevention in the sense that it should be privileged, with reparation only being required in a secondary way. Despite this development, 20 years after this reform, the protection of workers' health is still essentially based on the reparation of work-related risks and the preservation of the employment of victims of work-related accidents and occupational diseases. Interest in the prevention and promotion of occupational health is perceptible but it remains hesitant. The general finding that emerges from the review of this protection is that it remains largely unimplemented, given many factors related to the essentially legislative and incomplete nature of the texts. The shortcomings are also due to difficulties in the organization of prevention. The implementation of occupational safety and health rules still poses many problems, which contributes to relativizing the protection that workers can claim
Bellanger, Timothée. "La délégation de pouvoir en droit du travail, outil d'organisation de l'entreprise." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020011/document.
Повний текст джерелаFaced with the impossibility of exercising his or her full powers in a large company, the executive director has to delegate some these to his or her subordinates. Transmission of power therefore becomes part of the organisation of the company and constitutes the most pertinent vector of said organisation. The flexibility of its regime is an incentive to use delegation in the company or even in the scope of the corporate group. The transfer of responsibility becomes a corollary of the transfer of power, including, under certain conditions, the transfer of responsability borne by the delegator. Delegation of power has become one of the preferred tools in the organisation of a company as it also allows for the distribution of risks amongst its actors in the face of the current strong penalisation of work relations. It allows the executive director, the bearer of multiple legal obligations, to carry out a deconcentration of power and stemming from that, of responsibility, by giving employees possessing the required skills the tasks that he or she isn’t, in practice, able to undertake. His or her action increases efficiency in the interest of all
Keim-Bagot, Morane. "De l'accident du travail à la maladie : la métamorphose du risque professionnel : enjeux et perspectives." Thesis, Strasbourg, 2013. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D150.
Повний текст джерелаThe metamorphosis of occupational hazard has its sources in the mutation of the representation of factual occupational hazard that led to the consecration of the notion of occupational disease. Substituted for the occupational accident as the centre of gravity of the occupational hazards law, it becomes the impetus for a new reflection about the legal concept of occupational hazard causing the mutation of occupational hazard taken charge of. This metamorphosis in the Social Security law, allows the reactivation of the employer's duty to ensure security that radiates labour law and causes the assertion of the workers’ right to health and safety. Therefore, the compensation of damages to workers’ health is considerably extended. However, this construction is fraught with obstacles, and is accompanied by inconsistencies that must be overcome
Roussel, Magali. "L’évaluation professionnelle des salariés." Thesis, Paris 10, 2016. http://www.theses.fr/2016PA100136.
Повний текст джерелаThe evaluation of professional qualities is a recently added process within firms. After years of having simply been a managing practice, the evaluation in workplaces of employees has now been judicially ascertained as lying within the authority of the employer. This acknowledgement was originally employed as an instrument for rationalizing the decisions made by employers. Thus, this conception of an evaluation, enshrines it within the employer’s decision-making process. As a matter of fact, it constitutes an element of exteriorization of this process, and, so to speak, an instrument of justification for decisions made by employers. Because of its intrinsic quality as an instrument, the evaluating process comes within the field of the very exercise of the employer’s power upon his/her employees. Secondly, the fact that the evaluating process has now been given legal grounding has turned it into a potent action towards the employees with all due possible consequences attached to it. Placing the individual at the core of the evaluating process aims at acknowledging the consequences of the action per se on the achievements of employees in the workplace, but also, on the employee as a person. Thus, we are now faced with a legislation pertaining to the evaluation process designed to accommodate the employer’s actions, but also, with other legislation attempting to define the evaluating process as an action in itself
Jubert, Lucie. "L’organisation du travail et la prévention des risques professionnels." Thesis, Paris 10, 2019. http://www.theses.fr/2019PA100121.
Повний текст джерелаFaced with transformations of productive organizations and new dangers they create for physical and mental health, the prevention of occupational risks is changing. Its analysis requires an instrument to grasp the relationships between the variety of physical and psychosocial risks and the multiple aspects of subordinate work activity. The category of work organization is proposed for its ability to designate as much the technical dimension of the work activity as the social and hierarchical dimension of the management power of the employer. With this instrument, the thesis aims first of all to shed light on how the legal order weaves links between the categories of occupational risk and work organization. Built around notions of causality and imputation, the recognition of these links is revealed as a place of privileged observation of the relationships between law and science. The research, then, tries to explain how law acts on the links between the categories of work organization and occupational risk in order to prevent the realization of these. Attached to the structuring components of work organization, the law of health and safety at work is a space where the legal arrangement of things and worker and evolving
Samson, Julian. "Au-delà du travailleur! : un examen de l'objet et du champ d'application de la Loi sur la santé et la sécurité du travail." Master's thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/28344.
Повний текст джерелаThis thesis focuses on the object and scope of application of the Act respecting occupational health and safety (AOHS). It maintains that the purpose of this Quebec legislation is to protect not only workers, but also: 1) other persons at work and 2) persons other than those at work, namely the public at large. In this sense, the stated object of the AOHS, as worded in section 2, is incomplete and does not encompass its entire purpose. Moreover, this thesis re-examines the limits of the scope of application of the AOHS. With regard to the individual dimension of the Act, this thesis challenges the idea that the presence of workers is essential to its application. As for its territorial dimension, this thesis reiterates the idea that the AOHS goes beyond the strictly defined workplace itself and extends to any place where work is carried out. Finally, from the Act there emerges a new circumstantial dimension – based on work activity – that transcends the territorial and individual dimensions, but is not well defined and not fully reflected in the Act. However, this dimension would appear to further foster the achievement of the objectives of the AOHS. These findings regarding the object and scope of application are based, first of all, on an examination of the entire text of the Act and its attendant regulations. They are also explained by the origins and history of laws relating to occupational health and safety. Although these findings are supported by the fundamental rights stated in national and international labour law instruments and, more broadly, in legislation relating to the right to life and to personal security and inviolability, they nevertheless clash with the wording of many of the provisions of the AOHS, which refer strictly to “workers.” The rules of interpretation and the principles of administrative law cannot fully remedy this situation. Ultimately, this thesis invites the legislator to amend the AOHS to improve the protection of the health, safety and physical well-being of all individuals in the achievement of work activities, which is the fundamental object of this Act.
Razé, Laetitia. "L'âge en droit social : étude en droit européen, français et allemand." Thesis, Rennes 1, 2013. http://www.theses.fr/2013REN1G025/document.
Повний текст джерелаDealing with longer life expectancy and demographic deficit is currently a huge challenge for the social system of European member states. To face this challenge, it is necessary for legislators to develop a dedicated protection policy for the young people in a business relationship context and, at the same time, to redefine age limits policy especially in business relationship termination situation.. The presented study focuses on the factuality of the « age » concept. Based on cultural history, confirmed by the legislator analysis of the physiological aging, « age » criterion is closely linked to general principles in E.U. legislation like, for example, the human dignity and the equal treatment. However, the « age » criterion still remains ambivalent which is underlined by the non-discrimination principle. This ambiguity is emphasized in business relationships which leads to the influence of the « age » in an ending working life situation. This intergenerational pact support, which influence the proceed of the pension liquidation, is currently experiencing a revival beyond E.U. member state boundaries. A converging point is achieved in old-age treatment which leads to new solidarity development schemes inside companies (like for example the company occupational scheme). An important objective is to promote the pursuance of a professional activity in order to retire later (increasing in the statutory retirement age, increment or reduce of the retirement pension, restriction of derogations, proscription of business relationship breaches if they are based on age, …) and to redefine the connection between age and business relationships (combined work and retirement, phased retirement, …). By this way, legislators promote a human longevity based age treatment in Europe
Derghazarian, Gérald. "Le code du travail, la législation sociale et le parlement pendant la guerre de 1914-1918." Paris 1, 1993. http://www.theses.fr/1993PA010260.
Повний текст джерелаThe first world war has been marked by the numerous legislative interventions for working rights and the social security. The examination quantitative of parliamentary work which had taken place at the chamber of deputies and the senate, gives a mesure of the portion consacrated to social legislation. The role of each parliamentary group can be determined still according to the same methods, thus in this manner over the periods, the chambers have revealed the most interest for this topic. The criteres detained in trying to define the social legislation have grown larger due to the particular circumstances of the great war. The context has in effect favoured the elaboration of the lows for working man, and equally the cohesion of texts that even it they have not succeeded in their aim during this period, they have had a lasting effect on the work legislation as with the social security and assistance
Viennet, Carole. "Des droits sociaux pour l'intégration des réfugiés en Europe : les droits à la santé, au logement, à l’éducation et au travail des personnes ayant besoin d’une protection internationale, dans les Droits de l’homme et le Droit des réfugiés." Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAA022/document.
Повний текст джерелаThe integration of refugees includes providing access to healthcare and housing, schooling, vocational training and entry into the labour market. In short, it is about guaranteeing their social rights. Examining these issues, this thesis paves the way for the protection of rights to health, housing, education and work of every category of person in need of international protection. The main human rights and refugee norms adopted under the respective frameworks of the United Nations, the Council of Europe and the European Union are, for the very first time in this field, challenged, read in conjunction and put in to perspective in light of forthcoming reforms. The results are, in particular, a mapping of the various guarantees available according to one’s migration status and personal circumstances, the definitions of general determinative criteria which emerge from a comparison of respective systems, as well as innovative legal arguments
Czuba, Céline. "Consommations de substances psychoactives : à la confluence entre les droits à la santé et à la vie privée au travail." Thesis, Lille 2, 2017. http://www.theses.fr/2017LIL20027/document.
Повний текст джерелаAddictive behaviors related to psychoactive substances are characterized by a dependence revealed by the repeated impossibility to control behavior and the continuation of the said behavior despite the subject being aware of its negative consequences. Over and beyond the significant public health issue, this topic directly concerns the world of work. Surprisingly, it remains taboo or is only approached from a moralizing angle. Should a company be the source of such behaviors or only one of the places where they are exhibited, it cannot ignore the issue. Although employers may sometimes see secondary benefits of some addictive behavior for productivity reasons (e.g. « workaholism »), this may result in a loss of efficiency of their workforce (absenteeism, accidents in the workplace, drop in productivity). Employers may be held criminally liable in the event of illicit substances being brought into the workplace. What is more, being liable for any damage or injuries caused by their employees, they must make sure they do not represent a threat to others. Last, but not least, employers are responsible for the health of their employees. This objective has been considerably strengthened by the definition of the employer’s safety obligation, by the Court of cassation, as an obligation of safety performance. In order to fulfil these obligations, employers have various control measures at their disposal and enjoy dual powers of repression and prevention. However, any action taken by the employer in the field of addiction comes up against the inalienable right to individual freedom of the employees. An employer is not omnipotent: where is the limit between the management of addictive risks in the workplace and an employee’s privacy, taking into account an employer’s obligation of safety performance
Paradis, Hélène. "Des études à la pratique médicale : questions que tout carabin en fin de cursus est en droit de se poser." Bordeaux 2, 1992. http://www.theses.fr/1992BOR2M124.
Повний текст джерелаCapron, Sophie. "La responsabilité sociale des entreprises à la lumière de la santé et de la sécurité au travail." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020029.
Повний текст джерелаTo save health and safety at work is today, in the language of the management and step-by-step of lawyers, bound with the notion of “corporate social responsibility”. Beyond legal pressures progressively integrated in the positive law, employers must take care about them in their decisions to have the adhesion of employees and to contribute to the conservation of a healthy environment. Goals are as those including by the “triple bottom line” of Elkington (economic, social and legal), as those corresponding to the logic via media and politicians with the management of the appearance of the firm. In addition, it’s possible to ask you: how long can we continue to have a balance about responsibility and reparation around health and safety? How firms can succeed with taking care about interests of actual and future employees too? The answer ask you to study how France choose a “corporate social responsibility” with an important place for the State in opposition of what could be prefered by some authors. But the problem is that this system can be excessively interpreted by Judges. They often accept the responsibility of the employer in cases while it’s not sure that he (or the activity of the firm) created the risk. In addition, the French “corporate social responsibility” can’t be adapted enough and quickly as it’s necessary concerning health and safety at work. That is why, you must see if other ways can been more satisfying. They can be with the same persons (employers and employees or their representatives) or with others stakeholders. It don’t mean that the State can’t be have a role in the “corporate social responsibility” about health and safety at work. But it’s important to see if it can be interesting to give firms possibilities to act voluntarily and ask you if we have to change the repartition of powers concerning this questions in France. An independent control of results must be planned
Dupisson, Marie. "Le droit d'alerter : étude sur la protection de l'intégrité physique des personnes." Nantes, 2013. http://www.theses.fr/2013NANT4012.
Повний текст джерелаTo alert consists in informing about a danger in order to avoid any aggravation. When health or environment public authorities submit such an alert, it isn't questioned nor subject to a problem of legitimacy. However, the State does not have the exclusive right to watch, and whistleblower alerts are more and more often submitted by citizens who attempt to disclose public interest information. The legal protection of these alerts by citizens is not clear so these unusual denunciations need to be legally framed. The issue is very important since human body infringement is at stake. Thus, it is necessary to acknowledge whistleblowers an individual right to alert, depending on who the information is addressed to. Individuals have a right to alert the population on behalf of the freedom of expression which gives everyone the chance to enrich public debates within the limits of abuse. They can also alert an authority. In that case, the addressee is a person who is able to put an end to infringement. The whistleblower can refer to either judicial authority to denounce or to obtain redress for the damage caused, or to hierarchic authority when he or someone from his company is threatened. To acknowledge the right to alert enables citizens to participate in the defense of public interest
Mannes, Alice. "La conscience en droit social." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020044/document.
Повний текст джерелаConsciousness can be defined as the knowledge of one’s existence and the outer world. By extension, it is someone’s clear mental picture of an actual situation and the ability of judging the morality of such a situation is called conscience. When the outer world is the work environment and when the actual situations to deal with are work-related, what could be the role of consciousness and conscience? Could they interfere with work duties or the conduct of good industrial relations? The purpose of this thesis is to study the “issues of conscience” within the corporation, in a broad sense, through the relevant stakeholders’ perspectives – including employers, administrative authorities, workers, trade unions, or even staff representatives – in order to know when individual and collective consciousness and conscience can have a legal impact. One should ask oneself about the existence of a statutory regime for those “issues of conscience” in domestic, comparative and international laws. Some manifestations of consciousness and conscience are already well known, such as whistleblowing or conscience clauses, but some others still need to be provided with a legal framework
Martin, Christophe. "Contribution à la définition d’actions pour la pérennisation de la prévention des risques professionnels dans les PME-PMI." Paris, ENMP, 2008. http://tel.archives-ouvertes.fr/tel-00352172.
Повний текст джерелаStudies on occupational health and safety performance in small and medium sized enterprises (SMEs) are quite recent (mostly dating from the period after the 1990s). Although they are highly heterogeneous for they considerably vary in the approaches and the methods used, they all put into emphasis the vulnerability of these organisations when dealing with occupational health and safety issues. Enterprises of less than 50 employees are indeed more particularly exposed to such risks. An international review of the literature has put into light the internal and external determinants of health and safety management in this kind of organisations. The purpose of this thesis is to classify them and depict the way they interact to give a comprehensive representation of the determination of the level of prevention of occupational risks in SMEs. In a second part, a preventive action has been carried out on the basis of these determinants. It was based on a collective action which involved the chamber of commerce, health and safety technicians and the labour inspectorate. This pilot action has allowed the carrying out of a qualitative research in order to assess the device aforesaid but also to implement the results and conclusions of the international studies in the French companies. This survey has raised a new debate over the sustainability in SMEs and led to a questioning on the actors who are implement the prevention plan of prevention. A second qualitative survey has been carried out in a small and medium-sized enterprise in order to understand occupational health and safety management
Fournier, Brune. "Essai sur le risque professionnel en droit social." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020014.
Повний текст джерелаThe notion of occupational risk appears at the end of the 19th century. It is intended as a remedy for the inadequacy of the principles of civil liability as applied to workplace victims. A person injured while working for the benefit of industry must obtain reparation. The concept of the workplace accident is born, although its applicability is strictly limited. The evolution of labor organizations reveals other shortcomings and leads to the expansion of the principle. Starting from a notion of liability applied to the occurrence of a pre-determined hazard, occupational risk becomes the expression of a right to workplace safety. Labor acquires a decision-making power in this regard. At the intersection of french social security law, labor law and public health law, the designated objectives evolve in the light of related human and financial issues. New concepts stimulate labor relations. The right to employee safety can no longer be dissociated from a basic right to health. Beyond that, the principle of workplace well-being makes its appearance. It is still necessary to resolve the uncertainties that influence the concept of occupational risk. As a notion with fluctuating boundaries, it is essential to define it. The stakes are high
Marichalar, Pascal. "Prévenir ou produire : autonomie et subordination dans la médecine du travail (France, 1970-2010)." Phd thesis, Ecole des Hautes Etudes en Sciences Sociales (EHESS), 2011. http://tel.archives-ouvertes.fr/tel-00790523.
Повний текст джерелаTouré, Djénèba. "Le statut des médecins du travail (approche juridique)." Thesis, Lille 2, 2017. http://www.theses.fr/2017LIL20005.
Повний текст джерелаOfficially extended by the law of October 11th, 1946, occupational health has nowadays become part of all business sectors. To ensure the workers’ health and safety, the law entrusted the occupational health practitioners with a risk prevention with the aim ‘to avoid any deterioration of the workers’ health due to their work, including looking after their work hygiene conditions, the contagion risks and their state of health. It also covers all clear risks linked to third party safety working in the immediate work environment (labour law – article L.4622-3).Although all occupational health practitioners have similar duties, the rules that they apply can vary according the business sectors. Therefore we notice a wide variety of status. This study deals with the status of the occupational health practitioners in the occupational health department of the non-farm and public service. By analyzing the current situation, this thesis gives a precise perspective on the heterogeneousness of their status and leads to questioning setting up more homogenous rules
Martin, Eve. "La faute de l'employeur à l'égard du salarié." Thesis, Rennes 1, 2015. http://www.theses.fr/2015REN1G004.
Повний текст джерелаThe specificities of a contract of employment involve a special assessment of the employer’s fault committed toward his employee. The fault is regarded as a breach of duty and is difficult to reconcile with the hierarchical superiority from the employer to the employee in any work relationship. The legal concept of the fault committed by the employer - as opposed to the well-known and precisely categorized wage-earner’s fault-is quite rare in French labour law. For instance, for decades, a companion was regarded as a simple performer in the work relationship and, as such, could not claim anything from his employer. A huge change came from, on one hand, new safety and health regulations needed to protect employees, and, on the other hand, the breakthtrough of the « employee-as-an-individual » rights. There are at the moment no legal regulations about the employer’s fault. However, the study of the acknowledgment and the legal regime of such a fault leads to scrutinising the labour case law, which eventually shows that the notion has no unity. The employer’s fault can lead to either a classical breach of contract of employment or to an atypical (and yet to be completed) legal regime, extraneous of the French common law. Truly speaking, the assessment of this fault depends on both the nature and the seriousness of the breach of duty regarding the rights of the employee. It seemed difficult to establish a precise legal classification of the employer’s fault. Nonetheless, this work concentrates on the sources of the above-mentionned lack of uniformity and attempts to consider a categorization of the fault
Cox, Rachel. "Les effets du rôle accordé aux syndicats par le projet de loi 143 sur la mise en oeuvre et la réception du droit à un milieu de travail exempt de harcèlement psychologique ainsi que sur l'action syndicale au Québec." Thesis, Université d'Ottawa / University of Ottawa, 2014. http://hdl.handle.net/10393/31166.
Повний текст джерелаLajoie, Dave. "Les représentations sociales du harcèlement moral au travail des travailleurs et des travailleuses dans un Centre de santé et de services sociaux au Québec." Master's thesis, Université Laval, 2018. http://hdl.handle.net/20.500.11794/30096.
Повний текст джерелаCavé, Isabelle. "Les médecins-législateurs et le mouvement hygiéniste, 1870-1914." Paris, EHESS, 2013. http://www.theses.fr/2013EHES0092.
Повний текст джерела