Tymoshenko D. Causation in labour law.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U002962

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

08-06-2016

Specialized Academic Board

Д 64.086.03

Yaroslav Mudryi National law university

Essay

The research is devoted to scientific analysis of causal relation issues in labour law. The philosophical and legal characteristic of causation in labour law is presented. The enhanced seven-element classification of causation in labour law is elaborated. Own two-stage concept of establishing the presence or absence of causal relations is justified and the definition of cause-effect relation in labour law is developed on its basis. The causation relation is researched as the condition for liability in labour law. The default of nearest cause concept (direct causation) in labour law is argued. The legal significance of indirect causation as the condition of liability is proven. The obligationess of cause-effect relation for disciplinary responsibility is grounded. The existence of causation relation between working conditions of certain professions (human to human) and the deterioration of employee's health (state of physical and mental exhaustion, emotional breakdown) is proved. On the grounds of obtained theoretical results a wide range of proposals for legal-regulation improvement of establishing of causation relation in labour law, which can be used in finalizing the draft of Labour Code of Ukraine, were formulated.

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