Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2003, nr 3

Permanent URI for this collection

Now showing 1 - 1 of 1

NIEZAWIADOMIENIE O WYPADKU PRZY PRACY LUB CHOROBIE ZAWODOWEJ (PRZESTĘPSTWO Z ART. 221 K.K.)
(Wydział Prawa i Administracji UAM, 2003) Jachimowicz, Marcin
The crime described under Article 221 of the Criminal Code has been introduced to the Polish Criminal Law for the first time by the Criminal Code of 1997. Before that, this act was prosecuted under Article 283 § 6 section 6 of the Labor Code. This crime primarily covers failure to notify the relevant institution of a mishap at workplace or professional illness, or failure to submit appropriate documentation of such event. The paper begins with the analysis of the rights protected under Article 221 of the C.C. (right of employee to safe and hygienic work environment), crime subject (person obliged to notify of a mishap or illness and to prepare the necessary documentation) then proceeds to the analysis of willful character of the crime (direct or conceivable) and the analysis of the definition of mishap at workplace as provided by the Polish Law. The author also focuses on the issue of professional illness, providing a full list of such illnesses and details a procedure of notification of their occurrence. The paper ends with the description of the consequences of failure to prepare the necessary documentation of a mishap at workplace (determination of causes protocol) or professional illness and the description of regulations that govern the notification procedure.