Psychosocial risks in labour and social security law : a comparative legal overview from Europe, North America, Australia and Japan

This book studies a range of legal systems and compares them on their ability to deal with psychosocial risks at work. The book looks at prevention of psychosocial risks from a labor law perspective and at compensation and reparation from a social security law perspective. It pays special attention to the topic of bullying in the work place, which is currently the subject of most legal summons. This book presents the views on the subject from leading national and international experts and provides an in-depth coverage of legal systems used in Southern and Northern European countries, as well as Canada and Japan to deal with this topic. The topic of psychosocial risks at work has received much attention recently, both from the general public, the press, and those working in the legal arena. It is difficult for lawyers to deal with the issue of psychosocial risks at work due to the multifactorial and subjective features involved. Read more... Abstract: This book studies a range of legal systems and compares them on their ability to deal with psychosocial risks at work. The book looks at prevention of psychosocial risks from a labor law perspective and at compensation and reparation from a social security law perspective. It pays special attention to the topic of bullying in the work place, which is currently the subject of most legal summons. This book presents the views on the subject from leading national and international experts and provides an in-depth coverage of legal systems used in Southern and Northern European countries, as well as Canada and Japan to deal with this topic. The topic of psychosocial risks at work has received much attention recently, both from the general public, the press, and those working in the legal arena. It is difficult for lawyers to deal with the issue of psychosocial risks at work due to the multifactorial and subjective features involved Front Matter ....Pages i-xi Work-Related Psychosocial Risks: Key Definitions and an Overview of the Policy Context in Europe (Stavroula Leka, Aditya Jain, Loic Lerouge)....Pages 1-12 Front Matter ....Pages 13-13 Health and Safety Law and Psychosocial Risks at Work: A Comparative Overview of France and Other Countries (Loïc Lerouge)....Pages 15-30 Comparative Study of the Psychosocial Risks Prevention Enforcement by the European Labour Inspectorates (Manuel Velázquez)....Pages 31-52 Effectiveness and Problematic Aspects of the EU Framework on Psychosocial Risks (Marco Peruzzi)....Pages 53-65 Prevention of Psychosocial Risks in Labour Law: Role of the Law and Collective Bargaining (Franck Héas)....Pages 67-78 Employer Responsibility for the Psychosocial and Psychiatric Well-Being of Employees in the Workplace: A View from the United Kingdom (Roger M. Walden)....Pages 79-103 Strength and Weakness of the Swedish Legislation Regarding to Psychosocial Risks (Maria Steinberg)....Pages 105-121 Psychosocial Risks and Belgian Labour Law: An Emphasis on Harassment (Véronique van der Plancke)....Pages 123-139 Front Matter ....Pages 141-141 Violence and Bullying in Maritime Transport: The Contribution of the Maritime Labour Convention of 2006 (Alexandre Charbonneau)....Pages 143-157 How to Identify Workplace Bullying. A Case Study Based on Judgement from the Norwegian Court of Appeal (Jan Reidar Gregersen)....Pages 159-178 Violence, Bullying and Management: How Do the Courts Address Psychosocial Risks at Work? (Sandrine Laviolette)....Pages 179-196 Harassment Protocols in Spain: The Case of Universities (Lourdes Mella Méndez)....Pages 197-214 The Right to a Work Environment Free from Psychological Harassment Under Quebec’s Labour Standards Act (Rachel Cox)....Pages 215-242 Bullying and Law in Japan (Loïc Lerouge, Shino Naito)....Pages 243-251 The Australian Regulatory Framework for Preventing Harassment and Bullying at Work (Richard Johnstone)....Pages 253-268 Protections from Workplace Bullying and Psychological Harassment in the United States: A Problem in Search of a Cause of Action (L. Camille Hébert)....Pages 269-287 Front Matter ....Pages 289-289 Workers’ Compensation for Work-Related Mental Health Problems: An Overview of Quebec Law (Katherine Lippel)....Pages 291-304 Apprehension About Psychosocial Risks and Disorders in Social Security: A Comparison Between the Approaches in Belgian and French Law (Valérie Flohimont)....Pages 305-315 Recognition of Mental Illness as an Occupational Disease by Analogy with Physical Illness: Comparative Analyses with French Law (Eri Kasagi)....Pages 317-328 Comments on Mobbing and Suicide at the Workplace Under Portuguese Legal Framework and Case Law. Can Damages Be Repaired Under Occupational Contingencies’ Schemes? (Ana Cristina Ribeiro Costa)....Pages 329-344 Psychosocial Risks in Social Security Law: Comparative Analysis of France and Northern Europe (Maryse Badel)....Pages 345-357 Physical Effects of Psychosocial Risks: Opportunities and Limits of the Occupational Risks Compensation Legal Framework (Aurélie Bruère)....Pages 359-372 Beyond Reparation, the Prevention of Work-Related Suicides (Chloé Sablayrolles)....Pages 373-384 Making the Law a Key Instrument for Combating Psychosocial Risks in a Changing World of Work (Loïc Lerouge)....Pages 385-396 Annotation This book studies a range of legal systems and compares them on their ability to deal with psychosocial risks at work. The topic of psychosocial risks at work has received much attention recently, both from the general public, the press, and those working in the legal arena. It is difficult for lawyers to deal with the issue of psychosocial risks at work due to the multifactorial and subjective features involved. This book presents the views on the subject from leading national and international experts and provides an in-depth coverage of legal systems used in Southern and Northern European countries, as well as Canada and Japan to deal with this topic. The book looks at prevention of psychosocial risks from a labor law perspective and at compensation and reparation from a social security law perspective. It pays special attention to the topic of bullying in the work place, which is currently the subject of most legal summons