Of Employer Liability In Employment

Employer responsibility is the important system among the right-encoachment responsibilities, which is the duty undertaken by employer when employee did harm to the third person when taking up employment activity. The key to confirming employer responsibility is to confirm the employment relationship. Once the law relation is confirmed, it's much easier to confirm the duty. However there's no clear definition of employment relation in our country so far. The standard used during the administration of justice is also fairly confusing. The judgement results from different courts of law or from different judges may be different from one to another, which of course, leads to the disagreemnt of justice, in turn, the public trust for administration of justice will get interrogation, and the authority of administration of justice is difficult to establish. therefore, the following passage is mainly to expound employment relationship from three different aspacts.The first part:The basic confirming standard of employment relationship. First I explain the confirming standard from theory circles. I think to master and control the theory is more able to reveal the essential of employment relationship, which, of course, needs to be confirmed synthetically combining with other related factors. Next, I expound the standard applying to the reality. and it always needs to be judged by whether both sides have employment contract, whether one got payment from the other or not, whether one provided the labour to the other, whether employee got power and instructions from employer, what's the identification of the employer and so on.The second part:Analysis of employer's employment activity. first I explain briefly the views from theory circles. In my opinion, subjective matter is always invisible, hard to handle and easy to cause confusion. during the practice, It should be decided based on its objective factors, such as the time, the places, the purpose, the benifical belonging to, the contact related to employer's work and so on to consider.The third part:The distinguish between employment relation and similar relation. That's the difficult point during practice. it's also a difficult point in confirming employment relation. personally, the conclusion should be made by comparing the definitions, characters or features between both.