European Union Law Master - Case Study Example

The qualification or condition is therefore null and void. It is universally basic in the construction and interpretation of laws that what is not excluded must be included, especially in the present case where the issue is that which pertains to labor benefits. Even presuming for the sake of argument that there is that qualification requiring gross negligence to be present on the part of the employer, both Ruth and David are still entitled to the compensation because the choice, installation or utilization of the harvesters is a matter being decided and acted upon by the employer and any error in the judgment of the latter concerning the said choice, installation and/or utilization of the harvesting machine is attributable as one of gross negligence.

Consequently, when Ruth and David sustained injuries resultant of the use of the harvester, it has to be interpreted that the causal origin was the gross negligence of the employers. It was incumbent upon the latter to see to it that any machine to be used or is In view of all the foregoing, it is evidently clear that Ruth and David are entitled to separation or termination benefits as provided for in the afore-cited Directive 999/98 without any condition or qualification. Accordingly, they have to be paid by their respective employers of the mandated compensation upon permanent disability which was caused by the harvester.

The guidelines set forth in the European Union Treaty It is no overstatement to say that the rights of laborers are among the leading concerns underpinned in the provisions of the European Union Treaty. Labor right is a human right. As a matter of fact, it may be considered the paramount of all rights. As embodied in Article 136 (ex Article 117) of the consolidated version of the European Union Treaty, the rights of laborers have been delineated with special attention. These include such privileges as embraced in the general objectives that will promote employment and augment the conditions of workers for their living and working circumstances.

The approved declaration of the union has also outlined the appropriate social protection of the laborers. Necessarily, the latter stipulation includes severance or post-employment needs such as pension and retirement benefits and compensations. (CONSOLIDATED VERSION OF THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY. Dilogo social y formacin professional. Organizacion Internacional del Trabajo. [internet]). At this juncture, it is equally significant to note that Article 137 of the afore-mentioned consolidated version of the treaty further expresses that the community of nations complements and supports the activities of all member states in the fields of labor rights and privileges including those that will improve the working environment in order to protect the health and safety of the workers.

Along that line, if the issue of compensation due to permanent disability is removed from the case at bar, the employers of both Ruth and David are yet nevertheless fundamentally under legal obligation to protect their safety from the dangers and hazards