A responsabilidade jurídica do empregador na inobservância das normas de saúde e segurança do trabalho

Abstract

This study aims to analyze the legal consequences resulting from employer non-compliance of health and safety standards in unhealthy activities. For this, we tried to analyze the evolution of the employment relationship over the centuries and how it is today. Still, it was observed that all activity performed on a hostile work environment and that is onerous for the health of the employee, generates additional payment by the employer part. However, case law and doctrine consider that the employer duty is not limited to the additional payment, but also to guarantee the employee health and safety by the use of preventive actions. In this sense, the legislature, concerned about the health of hypo-sufficient side of the working relationship, instituted several actions to be taken by the employer, in order to neutralize or at least minimize the harmful agents to the health of the workers by ensuring that their health and security are respected, otherwise the employer may be ordered to respond legally. This work is divided in two chapters, the first discusses the evolution of the employment relationship and the second analyzes the employer’s regarding the welfare of the employee.