The Criminal Responsibility of The Employer for Breaching the Duties of Occupational Therapy and Safety (A Comparative Study )

Abstract

The right to health is an important human right, because it is the duty of the employer to ensure its fulfillment. The category of workers is the group that has effective role at all political, economic and social levels, which prompted the legislation to take care and protect it, preserve its rights and clarify its duties, especially in the matter of protecting workers in terms of health and the prevention of work accidents and work injuries. Rights, settlement and penalties arise therefrom. Ensuring the legal protection of workers' health requires the intervention of the legislator to regulate the professions related to them. So we see the goal of imposing a criminal penalty on employers is the purpose of providing security for workers and maintaining their health and occupational safety in the facilities in which they work.. Therefore, we dealt with the subject of the research through two sections, the first topic, what is the criminal responsibility of the owner, and by clarifying who the employer is, he may be a natural or legal person. Prevention of work injuries, then we explained in the second section the legal provisions for the crime of breaching occupational health and safety by clarifying the elements of the crime of breaching the duties of occupational health and safety and attributing the crime to the criminally responsible person and the penalty resulting from this crime, in addition to that we showed the procedural provisions in initiating the criminal case against The employer is from the competent judiciary, which is the labor court organized by the Iraqi legislator in Labor Law No. 37 of 2015.