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L'infraction pénale du salarié

Abstract : If disciplinary rules and criminal law are separate branches of law, one can only note that they both aim to repress a wrongful behavior, to the point even, that they might apply concurrently to the same person about a single fact in certain cases. Such is the case for an offense committed by an employee of a company. This particularly broad topic is also a hot topic as it has concerned several cases in the last few years. Indeed, what analysis should be done of the dismissal of an employee for having posted inappropriate comments about his employer on a social network? Should it be admitted that a supermarket employee who has taken goods which have passed their use-by-date and were to be thrown away, be sanctioned? The matter is to examine the diversity of the consequences of a criminal offense committed by an employee of a company. In the first place, such an offense will have a negative impact on the relation between the employer and the employee and could be, under certain conditions, a trigger for ending a work contract. Furthermore, the criminal dimension of the offense will have serious repercussions in terms of individual liability, whether it be civil or criminal.
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Submitted on : Tuesday, August 25, 2020 - 7:13:37 AM
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Emilie Maignan. L'infraction pénale du salarié. Revue juridique de l'Océan Indien, Association « Droit dans l’Océan Indien » (LexOI), 2013, pp.61-112. ⟨hal-02545777⟩

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