Legal defenses of causal link in employment relations

Abstract

This article analyzes the causal link as a determining prerequisite for civil liability within the scope of labor relations. The central objective is to investigate the hypotheses for breaking the causal connection – the excludents of the causal link – and their practical application given the dichotomy between subjective liability (based on fault) and objective liability (based on risk). Through an analytical-deductive methodology and a review of literature and case law, the study examines the figures of the victim’s exclusive act, third-party acts, fortuitous events, force majeure, and factum principis. The investigation highlights the fundamental distinction between the “internal” and “external” elements of such excludents, demonstrating that events inherent to the dynamics of economic activity (internal fortuitous events) do not exempt the employer from the duty to compensate, especially in hazardous activities. It concludes that, although the legal system remains rooted in the concept of fault, the evolution toward risk theory and the duty of precaution requires a restrictive interpretation of excludents, aiming for the maximum effectiveness of occupational
health and safety standards.