Description

At the end of this training, you will be able to identify situations that could represent a criminal risk for you and your company. You will learn how to prevent, detect and deal with this criminal risk in conjunction with HR.

Who is this training for ?

For whom ?

Manager, members of management committees.

Prerequisites

Training objectives

Distinguish between the different types of liability

Understand the consequences in social security law

Detect and deal with criminal risk in conjunction with HRPrepare for possible criminal prosecutions

Training program

• The different responsibilities
  • Corporate civil liability.
  • Liability under social security law.
  • Criminal responsibilities.
  • Liability of the business manager.
  • Exercise Distinguish between the different types of responsibility.
• Transfer of responsibility: delegation of power
  • The forms of a delegation of power: mission letter, organization chart, contract clause.
  • The criterion of authority, the need for competence, the requirement for means to carry out a mission successfully.
  • The distinction between responsibility under a delegation and responsibility as of right.
  • Exercise Each trainee will check the existence of a delegation of power and the possible consequences in terms of the manager's personal responsibility.
• Health/Safety Responsibilities
  • Inexcusable fault.
  • The obligation of result.
  • Social security law.
  • Criminal sanctions imposed.
  • Exercise Practical case on a work accident to distinguish the consequences in social security law and criminal law.
• Responsibilities regarding working rhythms and durations
  • Reminder of the rules.
  • Maximum working times.
  • The hypotheses of non-compliance and the consequences.
  • Exercise Apprehend potentially risky situations, particularly excessive working hours.
• Responsibilities towards service providers and temporary workers
  • The service provider risk.
  • The offense of bargaining.
  • The offense of lending illicit labor.
  • The role and the responsibility of the manager.
  • Risk situations when using temporary work.
  • Exercise Identify the risks of subcontracting.
• Responsibilities regarding staff representation
  • The notion of the offense of obstruction.
  • Union discrimination.
  • Exercise What reactions should you adopt when faced with requests from an employee who is a staff representative or Union representative ?
• Criminal proceedings
  • The Labor Inspectorate and the judicial police.
  • Indictment.
  • Pre-trial detention.
  • Police custody and the role of the lawyer.
  • Convictions.
  • Exercise Scenario with role play on the reconstitution of police custody with an interrogation at the occasion of a fatal accident at work.
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