المسؤولية الجزائية في إطار علاقة العمل الفردية دراسة مقارنة في القانون العماني والمصري.
مؤلف
العويسي، المعتز بن ناصر بن سعيد.
الملخص الإنجليزي
In the context of individual employment relations، concerns focus on the criminal liability incurred by employers and employees when they commit illegal acts during work. The employer is obligated to ensure safe and healthy work environment and comply with occupational safety laws and regulations. In the event of non-compliance and the employee being injured or damaged، the employer may be held criminally liable. In the event of committing illegal acts، the employee may be exposed to legal liability and labor consequences، such as the imposition of fines or other penalties provided by law. Omani law and Egyptian law aim to ensure compliance with rules and regulations in individual business relationships and to make violations subject to punishment. To ensure this، contracting parties must Knowing and respecting the law and taking the necessary measures to prevent the emergence of illegal acts and protect their rights and obligations within the framework of the business relationship. The provisions of criminal liability have developed in the economic sector and now include criminal liability for the actions of others and criminal liability for legal persons، as this gradual transformation has led to the embodiment and restriction of the principle of criminal liability. Personality، which is considered one of the most important principles of criminal law، and this restriction was the result of a number of economic and social factors. If criminal law in general is a set of legal controls that define those addressed to all crimes and the punishments assigned to them، that is because it is a general criminal and oppressive law، and because it Due to the specificity of certain areas، this law grants criminal independence in matters of prohibitions and penalties، that is، what is called a law complementary to the criminal law، the most important of which is the labor law. The legal texts of the labor law play an important role in ensuring criminal protection، especially for the employee، as the weak aspect in contractual labor relations is the one that It connects employee to employee. The Omani and Egyptian legislators paid attention to this area by granting it penal independence in the article of the Labor Code، in accordance with a set of provisions and penal customs that both parties to the relationship must respect and not violate، and violation of these provisions is subject to criminal liability.
Keywords: Labor law، worker، employer، individual labor relations، criminal responsibility.