Study On The Compensation Liability Of Employers For Damage Caused By Workers

Rights,obligations and responsibilities are inseparable,the violation of obligations will inevitably result in a certain degree of responsibility.The root cause of workers 'liability lies in the violation of legal or contractual obligations.It should be an important part of the field of labor law that a worker is liable for compensation to the employer for infringement or breach of contract caused by his own fault.However,factors such as the principle of preferential protection of workers in the labor law and the idea of "strong and weak labor" affect the labor law's clear regulations on workers 'responsibilities,so that at present it is in the field of labor law.The scope of liability compensation,the cause of compensation and the standard of compensation for the injury caused by the employer to the worker in the course of work are not clearly stipulated,and the relevant provisions are scattered in some local regulations,not only the order is too low,but the application is narrow.And the content of the regulations is also very vague.It is natural for the worker to compensate the employer for the loss caused by his breach of contract or infringement,but based on the particularity of the labor relationship,the limitation should be imposed in the liability for compensation,and the principle of full compensation in civil law can not be fully referenced.Therefore,in the event of loss,workers should bear the corresponding scope of responsibility according to the degree of subjective fault,in order to truly achieve the balance between labor and capital.This article is divided into four chapters.The first chapter mainly introduces the legislative and judicial status of the liability of the laborer to the employing unit.In labor legislation,In addition to Articles 86,90 and 91 of the Labor Contract Law,the Law stipulates that the worker shall be liable for damages caused to the employing unit by five statutory reasons: invalid labor contract,illegal termination of labor contract,breach of confidentiality obligation,limitation of competition,and illegal part-time work In addition to liability,there is no provision for whether or not the worker should be liable for the loss caused by the employer during the work and how to be liable for compensation.In addition,the author collected some local laws and regulations that stipulate the liability of workers,but there are too low ranks and narrow scope of application,which can not provide universal legal application.In judicial practice,due to the imperfection of legislative provisions,the treatment of such issues has resulted in "different sentences in the same case",and the determination of responsibilities and scope are not uniform,which is not conducive to protecting the legitimate rights and interests of workers.The second chapter is mainly to explain the main problems in the process of workers 'liability.These include the lack of clarity in the principle of attribution,the lack of uniformity in the standards of liability,the irrationality of the way workers bear liability for compensation,and the problems that exist in the process of signing and fulfilling labor contracts,such as: The labor contract law does not stipulate how the laborer should bear the liability for damage caused to the employing unit during the work,and the employing unit will often agree with the laborer on the clause of liability for compensation in the labor contract.Alternatively,the liability of the laborer may be stipulated in the rules and regulations of the employing unit,but the employing unit,as the dominant party with control power,may use its superior position to establish a full liability clause for the laborer,provided that the liability for damages is in accordance with its provisions.It is clearly contrary to the principle of equity that workers should be held fully accountable.Therefore,the reasonable provision of workers 'liability,from another point of view,is in the fundamental protection of workers' rights and interests,and does not violate the labor legislation contains the concept of preferential protection of workers 'vulnerable groups.The third chapter analyzes the problem and explains the reason why the laborer bears the responsibility for compensation and the reason that consummates the rule of allocation of responsibility.First of all,stating that the source of the worker's obligation to bear responsibility is the legal obligation,the contractual obligation,and the subsidiary obligation.This is the basis for the responsibility.The result of the assumption of responsibility is actually due to the violation of a certain obligation and has caused certain consequences.The source of the obligation is therefore placed in chapter III,section I,as a basis for subsequent specific analysis.Secondly,on the basis of determining the responsibility of the worker,it is necessary to limit the responsibility of the worker because of the particularity of the labor relationship,and because the worker and the employing unit seem to be equal subjects,although they are the two parties to determine the relevant matters through consultation.However,in essence,the two positions are not equal,and the relative price of the labor contract is special.The labor pay of the laborers is proportional to the income,and it is significantly different from the proportion of the employer's contribution.Therefore,regulating workers 'responsibilities is more conducive to workers' protection and preventing them from assuming more unnecessary responsibilities.The fourth chapter is to improve the way,put forward a plan to improve the liability of workers compensation,clear the rules of the division of subjective fault degree and the corresponding scope of responsibility of different subjective fault degree.The author combs through the viewpoint of related papers,summarizes the relative unified solutions,and puts forward his own suggestions on the basis of this.In principle,the worker should bear all the liabilities under the intentional circumstances.There are special circumstances that require special consideration.In the case of gross negligence of the laborer,the laborer's responsibility should be limited by factors such as the economic conditions of the laborer,so that he can bear the main responsibility.In the case of the general negligence of the worker,because of its small subjective malice and its weak position,the employing unit,as the controlling and supervising party,should bear the risks in the work,so when the general negligence,the worker should be exempted from liability.In addition,while establishing good rules,it is also necessary to pursue a fair distribution of responsibilities in accordance with the case,because there is a primary responsibility in the case of gross negligence,and the main responsibility is an uncertain scope.Judges need to analyze specific issues in their discretion and make decisions that are most conducive to balancing the interests of both employers and employers.