private international law - problem
Dear all,
Does anyone of you could help me with the following problem question?
I am not able to solve it by myself, I would be very thankful if you could share your thoughts with me on it.
A Portuguese plumber working for a Portuguese company on a construction site in The Netherlands operated by a German main contractor suffers from an accident at work. Investigations by the Dutch labour inspectorate show that the scaffolding used at the site does not conform to Dutch standards. The worker wants to hold both his employer and the main contractor liable for the accident. The employer refuse to pay damages inter alia because under Portuguese law, in case of an accident at work, the employee may only claim compensation under a special social security fund (fictitious). Under Dutch law however, liability in case of industrial accidents is part of the mandatory protection applying to all workers posted to the Netherlands. Under Dutch law both the employer and the main contractor can be held liable for any damages in case an accident occurs at a worksite found to be unsafe (fictitious).
Analyse the position of the worker and his chances of getting compensation. Explain which law(s) applies/apply to the claims for damages against the employer and the main contractor under the relevant choice of law rules. What would be the impact of the Dutch safety standards on the assessment of liability? Could the Netherlands also apply their (other) rules on liability of employers and main contractors to the case at hand? Could the Portuguese rule on non-liability of the employer influence the outcome of the case?
Regards,
Does anyone of you could help me with the following problem question?
I am not able to solve it by myself, I would be very thankful if you could share your thoughts with me on it.
A Portuguese plumber working for a Portuguese company on a construction site in The Netherlands operated by a German main contractor suffers from an accident at work. Investigations by the Dutch labour inspectorate show that the scaffolding used at the site does not conform to Dutch standards. The worker wants to hold both his employer and the main contractor liable for the accident. The employer refuse to pay damages inter alia because under Portuguese law, in case of an accident at work, the employee may only claim compensation under a special social security fund (fictitious). Under Dutch law however, liability in case of industrial accidents is part of the mandatory protection applying to all workers posted to the Netherlands. Under Dutch law both the employer and the main contractor can be held liable for any damages in case an accident occurs at a worksite found to be unsafe (fictitious).
Analyse the position of the worker and his chances of getting compensation. Explain which law(s) applies/apply to the claims for damages against the employer and the main contractor under the relevant choice of law rules. What would be the impact of the Dutch safety standards on the assessment of liability? Could the Netherlands also apply their (other) rules on liability of employers and main contractors to the case at hand? Could the Portuguese rule on non-liability of the employer influence the outcome of the case?
Regards,
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