Skip to Main content Skip to Navigation
Theses

La responsabilité pénale de l’employeur

Abstract : Employer criminal liability: what for? Why has the lawmaker supplied labor law, as a field of law, with criminal norms for a long time? What is the purpose of such liability? What do the employees expect from it? These questions are full of careless assumptions likely to create optical illusions. This notion of employer criminal liability appeared only recently, since such terminology has been enshrined in 2008 with the labor law codification. Before, it was a company manager criminal liability. Are these two notions synonym? Not at all. The company manager is a natural person, leading an organization or an institution. The employer is either a natural or a legal person, party to the employment contract. The employer is entitled powers at the basis of their liability. The logic that concerns the company manager is other. More generally, how may the employer criminal liability be seen? This vision cannot be neither consistent not unequivocal, because of the deep evolutions that occurred. This criminal liability was originally developed according to a model created in the context of the 19th century industrial revolution and the enshrinement of the first social laws. This model has both criminal and civil liability mechanisms and its own mechanism, which contributes to the autonomy of the model. It was built on a common ground: the figure of the employer. This model has been someway questioned for some years now, because of the illegibility of its sources, the complexity of its proceedings, the law rate of convictions, and its incompatibility with general principles of criminal law along with its inability to seize neither the power issue within the company nor the relationship between businesses. On the way, the paradigm seems to fall into crisis. That is when employer criminal liability struggled its way to an emerging alternative model. This alternative model is hemmed both from a reshaping of the power within the company and the reconfiguration of the imputation link, driven by the goal of a better labor law effectiveness, as at its origin. Emphasizing this change implies unfolding - without being dogmatic - the question of the labor criminal law functions - and through it, the employer criminal liability. By a folding and unfolding trend, the peculiarity of this liability will be highlighted, that is its own function, with respect to other ways of imputation, in terms of working relationships. Where does the criminal liability fits in this field of law, with respect to the other systems of liability? Does it have some specific role to play? If so, which one(s)? On these answers depends the sense - or the nonsense - of the employer criminal liability
Document type :
Theses
Complete list of metadatas

Cited literature [1255 references]  Display  Hide  Download

https://hal.univ-lorraine.fr/tel-02938041
Contributor : Thèses Ul <>
Submitted on : Monday, September 14, 2020 - 4:19:50 PM
Last modification on : Wednesday, October 14, 2020 - 4:10:48 AM
Long-term archiving on: : Friday, December 4, 2020 - 7:49:05 PM

File

DDOC_T_2019_0334_MASTAGLI.pdf
Files produced by the author(s)

Identifiers

  • HAL Id : tel-02938041, version 1

Collections

Citation

Julien Mastagli. La responsabilité pénale de l’employeur. Droit. Université de Lorraine, 2019. Français. ⟨NNT : 2019LORR0334⟩. ⟨tel-02938041⟩

Share

Metrics

Record views

130

Files downloads

1198