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Drogues illicites et activité salariée : approche juridique et comparée

Abstract : At both national and international levels we can observe an increase in the use of certain substances, particularly illicit drugs and even poly consumption (alcohol, medication, cannabis,…). Due to this general trend, and because of evolutions inherent to work itself, the work place is now more and more confronted to these issues. Indeed, such behavior exposes the user, his or her colleagues and even third parties to a number of risks. Even though employer's duties on matters concerning employee's health and safety are substantial nowadays, the employer is held to respecting the fundamental rights and freedom of the worker when dealing with such issues. While avoiding a general approach that would simply denounce the user-employee that is necessarily a cause of risk exposure for the firm, it is necessary, in a constructive approach, to not deny a phenomenon that puts in question the health and safety of the workers, and generates managerial and liability problems for the firm. Which are the available juridical responses that are pertinent and imaginable, that would protect legal certainty, respect the fundamental human rights of the people involved, help prevent professional risks and take care of the employee-user? The juridical approach intends to take into account the realities of the field, the insights of other scientific disciplines and a comparative contribution.
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https://tel.archives-ouvertes.fr/tel-03035006
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Submitted on : Wednesday, December 2, 2020 - 1:01:13 AM
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Charline Robinaud. Drogues illicites et activité salariée : approche juridique et comparée. Droit. Université de Bordeaux, 2019. Français. ⟨NNT : 2019BORD0209⟩. ⟨tel-03035006⟩

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