The application of the foreseeability principle in the light of ten years of judicial practice

Abstract

The Labour Code, which entered into force ten years ago, introduced significant changes in the employer's liability, requiring proof of both lacks of control and lack of foreseeability to be exempt from liability for damages. When the law entered into force, several authors attempted to interpret concepts not defined in the text of the law. The jurisdiction also carried out this task, laying down a strict (narrowly exclusivist) interpretation of the concepts, primarily in the light of the reparative and preventive approach to labour law