Psychosocial Risks in Labour and Social Security Law: A Comparative Legal Overview from Europe, North America, Australia and Japan

ISBN-13: 9783319630632 / Angielski / Twarda / 2017 / 396 str.

Loic Lerouge

Opis

​This book studies a range of legal systems and compares them on their ability to deal with psychosocial risks at work. The topic of psychosocial risks at work has received much attention recently, both from the general public, the press, and those working in the legal arena. It is difficult for lawyers to deal with the issue of psychosocial risks at work due to the multifactorial and subjective features involved. This book presents the views on the subject from leading national and international experts and provides an in-depth coverage of legal systems used in Southern and Northern European countries, as well as Canada and Japan to deal with this topic.The book looks at prevention of psychosocial risks from a labor law perspective and at compensation and reparation from a social security law perspective. It pays special attention to the topic of bullying in the work place, which is currently the subject of most legal summons.

Spis treści

Chapter 1: Stavroula Leka, Aditya Jain, Loïc Lerouge, United Kingdom - France.- Part I: General Perspective on Psychosocial Risks in Law.- Chapter 2: Health and Safety Law and Psychosocial Risks at Work: a Comparative Overview of France and Other Countries.- Chapter 3: Comparative Study of the Psychosocial Risks Prevention Enforcement by the European Labour Inspectorates.- Chapter 4: Effectiveness and Problematic Aspects of the EU Framework on Psychosocial Risks.- Chapter 5: Prevention of Psychosocial Risks in Labour Law: Role of the Law and Collective Bargaining.- Chapter 6: Employer Responsibility for the Psychosocial and Psychiatric Well-being of Employees in the Workplace: A view from the United Kingdom.- Chapter 7: Strength and Weakness of the Swedish Legislation Regarding to Psychosocial Risks.- Chapter 8: Psychosocial Risks and Belgian Labour Law: An Emphasis on Harassment.- Part II: Bullying: the Main Psychosocial Risk Factor Invoked in Law.- Chapter 9: Violence and Bullying in Maritime Transport: The Contribution of the Maritime Labour Convention of 2006.- Chapter 10: How to identify Workplace Bullying. A case Study based on Judgement from the Norwegian Court of Appeal.- Chapter 11: Violence, Bullying and Management: How do the Courts Address Psychosocial Risks at Work?.- Chapter 12: Harassment Protocols in Spain: The Case of Universities.- Chapter 13: The Right to a Work Environment Free from Psychological Harassment under Quebec’s Labour Standards Act.- Chapter 14: Bullying and Law in Japan.- Chapter 15: The Australian Regulatory Framework for Preventing Harassment and Bullying at Work.- Chapter 16: Protections From Workplace Bullying and Psychological Harassment in the United States: A Problem in Search of a Cause of Action.- Part III: From reparation to Prevention of Psychosocial Risks.- Chapter 17: Workers’ Compensation for Work-Related Mental Health Problems: An Overview of Québec Law.- Chapter 18: Apprehension about Psychosocial Risks and Disorders in Social Security: A Comparison Between the Approaches in Belgian and French Law.- Chapter 19: Recognition of Mental Illness as an Occupational Disease by Analogy with Physical Illness: Comparative Analyses with French law.- Chapter 20: Comments on Mobbing and Suicide at the Workplace Under Portuguese Legal Framework and Case Law. Can Damages be Repaired Under Occupational Contingencies’ Schemes?.- Chapter 21: Psychosocial Risks in Social Security Law: Comparative Analysis of France and Northern Europe.- Chapter 22: Physical Effects of Psychosocial Risks: Opportunities and Limits of the Occupational Risks Compensation Legal Framework.- Chapter 23: Beyond Reparation, the Prevention of Work-Related Suicides.- Chapter 24: Making the Law a Key Instrument for Combating Psychosocial Risks in a Changing World of Work.

O autorze

Research at the French National Centre for Scientific Research (CNRS); PhD, Faculty of Law and Political Sciences, University of Nantes, France, holder of the "Habilitation to conduct researches" from the University of Bordeaux. Member of the Centre for Comparative Labour and Social Security Law (COMPTRASEC UMR5114, CNRS-University of Bordeaux); Head of the “Workers and Persons Mental and Physical Health" research axis of the research unit COMPTRASEC. As researcher in the field of comparative legal approach of psychosocial risks factors and hazards at work, bullying and harassment at work, he has published numerous articles and edited books. He has also given national and international lectures and has lead several research programs that provide an imultidisciplinary view on psychosocial risks at work.

Blurb

This book studies a range of legal systems and compares them on their ability to deal with psychosocial risks at work. The book looks at prevention of psychosocial risks from a labor law perspective and at compensation and reparation from a social security law perspective. It pays special attention to the topic of bullying in the work place, which is currently the subject of most legal summons.

This book presents the views on the subject from leading national and international experts and provides an in-depth coverage of legal systems used in Southern and Northern European countries, as well as Canada and Japan to deal with this topic.

The topic of psychosocial risks at work has received much attention recently, both from the general public, the press, and those working in the legal arena. It is difficult for lawyers to deal with the issue of psychosocial risks at work due to the multifactorial and subjective features involved.