Employers On The Right Of Recourse

In an age of self-employed private economy is booming, prevailing in the employment relationship, employer liability disputes increasing, but the relevant legal provisions is not yet perfect, especially on the employer to recover more legislation lag on the right. The tort liability law in China without mention of employer compensation rights, legal practice only Supreme Court the trial personal injury compensation in case problems of interpretation provisions of 9th. Judicial interpretation of such provisions as from potency is limited and does not meet the requirements of practice and principles of the provisions are too, lack of operational, and legal challenges. In addition, in reality the employer or employers than employees ' personal strong traditional values, and buoyant profit more the former than the latter "were rich or poor" concept, precedents, this may result in one person, Corporation, sole proprietorship enterprise, industrial and commercial households as the main body of the unit or individual employers cannot implement the right to recourse against collapse, bankruptcy or life painful. Visible Although employers right of recoupment, employers realize the right to recourse against very difficult substantive differences are large. This paper stresses the employers on the right to recourse, divided into five parts to be elaborated. Part I a case from the consideration of this article; part II employers right to recourse against the premise of; part III employers right to recourse basis; part IV employers ' recourse against the realization of the right; part v employers right to recourse against expansion. Study in employee duties when violations for intent or gross negligence, employers and employees are not real joint and several debtor, the employer is not the basis of right of recourse against the real right of recourse against joint and several debtors who are responsible to the final. The employer vicarious liability to employees after recourse rights, their right of recourse against implementations follow the principle of interests balance, according to the actual situation (employee conduct objectives, degree of fault, loss of occupational hazards, comprehensive factors such as size, ability to pay) to determine, in order to balance the interests of employers, their performance, and seek to establish employers ' liability compulsory insurance, improve the system of employer liability.