Employer On The Employee's Liability Study

Employer's liability is that employers should take on compensationliability when employees hurt themselves and result in some damages inthe course of performing their office. The existence of employmentrelation between employer and employee is a basic condition of settlingemployer's liability. The employment relation is one of social relations,in this relation, the hire both sides carry on the agreement according tothe controlled condition: the employees provide the work behavior or theservice, and the employers pay the reward. Employer's liability is a civilright infringement responsibility; compares to industrial accident, it hassome differences in constitution condition, compensation subject,suitable law and dispute solution. Employer's liability should hold theprinciple of strict respondent, the object components are: existing theemployment relation, the reason of employee's hurt is happened in thescope of implementing his work and is the operating irregularity'strouble. Our country's General Rules of Civil Law including judicialexplanation still lacked and has flaw to employer's liability, the laborlaw adjustment subject scope is limit, the compensation standard is notfair and the worker legitimate right is deficient. To improve theemployer's liability system should from the following several aspects:first, formulation the employer's liability to integrate the civil law.Establishing the legal frame and determination its elementary theories,including: character of the employer's duty, principles of the employer'sresponsibility, the judgment basis on employment relation, how todiscern the working region and the matter on exempts the responsibility.Next, enhancing labor law to protect employee's rights. Expanding thesubjects in labor law for adjusting the numerous employment forms;paying more attention to the civil law standard consummation, andrefining the project, standard and procedure of employer's liability; tofulfill the labor law's prevention function. Once more, taking the employers liability insurance the supplement function, enhancing toprotect the employee. Revision laws and regulations, encourage theenterprise commercial insurance developing. Insurance scope paysshould between the civil damage compensate and the workers'compensation amount. Management pattern should obey marketmechanism and commercialization movement. Finally, establishing theemployer's liability and the workers' compensation insurancecoordinated relations so could prove the most major function to increasethe employee's relief way.