On The Employer's Liability

This paper elaborates on respondeat superior, also called Vicarious Liablity, including the responsibilities that the employers should undertake as a result of tort to their employees in the course of employment, and those of compensating for the losses their employees suffer during work. Conventionally, the former ones mentioned above, which are to be mainly construed here, are adopted to interpret respondeat superior. Respondeat superior is considered as a special tort in which when losses of others are incurred for their employees' conduct or their employees, themselves, suffer losses during work, the employers should take the civil responsibilities specified by law instead of the agreement they have reached. In this paper, the responsibilities that the employers should undertake as a result of tort of their employees on duty are noted as Vicarious Liablity and the responsibilities of compensating for the losses their employees suffer during work as employers' obligation of compensation to make them easy to write and remember. Furthermore, the paper analyzes the definitions of some basic terms in relation to employers' responsibilities to clarify what's does employment mean and what the scope of an employer is; distinguishes the legal differences between employment and the other labor services concerned with payment to clearly define the characters of employment; and expounds the evolution and theoretical basis of the Doctrine of Respondeat Superior to prove the practical significance of implementing the principal of responsibility without of fault for lawsuits. Meanwhile, this paper demonstrates the principle of responsibility with fault is the only one for responsibility placing; the principle of responsibility without of fault is a special form of the former one; and the so-called principle of just and fair dose not equal to that of responsibility placing. Last but not least, it is the focal point of this paper that when there is a tort of the employee by a third party or person within the term of employment, the employee concerned can not only claim for compensation form the third party or person but also from the employer in according to The Supreme People's Court Interpretation on the Matters of Law Application in the Trial of Personal Injury Compensation Cases. In this respect, the responsibility of compensation is a non-joint and separate responsibility.