Research On The Liability Of Compensation For Workers’ Fault Damage

The liability for compensation for damage caused by the fault of the laborer is a form in which the laborer violates legal obligations,agreed obligations or causes damage to the property of the employer due to other faults,and the laborer bears the corresponding legal consequences.Admittedly,compared with laborers,employers are in a dominant position,but based on the reciprocity of labor relations,both labor and management have the possibility in infringing on each others’ rights and interests,and no one is absolutely free of responsibility.Since the implementation of the labor contract law and the law on mediation and arbitration of labor disputes,the protection of workers’ rights and interests has been enhanced unprecedentedly.On the contrary,the provisions on the liability of the laborer to the employer’s fault damages are few and far between.In judicial practice,there are more and more labor dispute cases caused by employers’ demands for compensation for losses.This is a controversial issue in reality without clear legal definition.On the one hand,the vague provisions give the powerful employers the space to claim the sky-high price,which seriously infringes on the rights and interests of laborers,which deviates from the original intention of labor legislation to protect laborers.On the other hand,it also makes the legitimate rights and interests of the employer cannot be guaranteed because of the absence of the system.Therefore,the research on this issue is not only to solve the current legal dilemma in this field,but also to balance labor relations and realize social fairness and justice.This article intends to explore this problem from the following four aspects.The first part is the introduction,which firstly introduces specific problems through a case to show the real scene of the physical dilemma,then briefly discusses the research review,significance,purpose and methods.The second part is the summary of the laborer’s liability for compensation for fault damage of the employer.Through this part,the connotation of the laborer and the damage is redefined,and the legislative evolution of the laborer’s liability for compensation for fault damage of the employer is sorted out and analyzed,laying a foundation for the next step.The third part is to sort out the shortcomings of the relevant provisions of the employer’s liability for fault damages,which will be the focus and difficulty of this paper.Because relevant laws and regulations are scattered among departmental laws,and there are also different provisional provisions in different places.In addition,there are a large number of judgment results of "same case and different judgments" in judicial practice,the summary of their deficiencies should be based on reading through different laws and regulations and judgments.Through preliminary analysis,this paper will discuss its shortcomings one by one from the aspects of program initiation,application of substantive law,scope of application,the standards and methods of compensation,the principle of liability fixation and so on.The fourth part is in view of the above shortcomings,put forward to improve the laborer to the employer’s fault compensation liability specific Suggestions.This part will be elaborated from three parts.The first is to improve legislation.Establish a unified norm of high rank and universal application to change the current chaotic situation of "separate administration";Narrow the scope of applicable laborers,eliminate the powerful groups,and strictly distinguish ordinary laborers from special laborers;To clarify the compensation standard,distinguish the limited compensation and the equivalent compensation,and determine the compensation scope according to the subjective fault of the laborer and the subject causing the loss;Make clear the compensation method combining one-time compensation with monthly deduction and adhere to the principle of reasonable compensation;To clarify the principle of imputation of labor infringement and breach of contract.Secondly,the employer should reduce the fault damage of workers from the aspects of ensuring the effectiveness of rules and regulations,strengthening vocational training and enhancing employees’ identification.Finally,it is hoped that the government will strengthen social popularization of the law,change the inherent concept,and call for more people to participate in the study of the liability for compensation for workers’ fault,so as to improve the legislation,promote the balance between labor and capital,and realize social equity.