THE SERIOUS VIOLATION OF THE WORKER’S PREVENTIVE OBLIGATIONS AS A LAWFUL GROUND FOR DISMISSAL IN LIGHT OF THE NEW REGULATION ON THE PREVENTIVE MANAGEMENT OF OCCUPATIONAL RISKS

Abstract

The purpose of this research is to review, due to its impact on prevention, the grounds for dismissal under Article 160 No. 5 of the Labor Code, which refers to reckless acts, omissions, or imprudence that affect the safety or operation of the establishment, the safety or activity of the workers, or their health, particularly to conceptualize the subjective element of reckless imprudence required by the law. It is concluded that the preventive obligations of the employee are generally those of compliance and cooperation, and cannot be equated with the duty of care imposed on the employer by Article 184 of the Labor Code. Furthermore, the reckless imprudence required by Article 160 No. 5 must be interpreted strictly, as equivalent to gross negligence, given the nature of the duty breached and the potential or actual risk generated by the employee's conduct.