Droit et risques psychosociaux au travail

Abstract : The 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.
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Jean-Baptiste Moustié. Droit et risques psychosociaux au travail. Droit. Université de Bordeaux, 2014. Français. ⟨NNT : 2014BORD0266⟩. ⟨tel-01230639⟩

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