IS THE PRINCIPAL EMPLOYER CRIMINALLY LIABLE FOR A FATAL WORK ACCIDENT INVOLVING A SUBCONTRACTOR'S EMPLOYEE?

IS THE PRINCIPAL EMPLOYER CRIMINALLY LIABLE FOR A FATAL WORK ACCIDENT INVOLVING A SUBCONTRACTOR'S EMPLOYEE?

The principal employer is not liable for all obligations towards the subcontractor's employees, but only for those arising from the Labor Law, the employment contract, and the collective bargaining agreement to which the subcontractor is a party. Furthermore, the liability stipulated in the Labor Law is legal liability and does not pertain to criminal liability. Pursuant to the principle of personality of penalties, criminal liability arising from a subcontractor's employee does not concern the principal employer.