The Responsibilities Of Individual Services Under The Circumstance Of Force Majeure

Individual labor relation is distinguished from employment relation which one party is a company and the other one is a natural person, because of both parties are equal natural persons. The employment relationship has not be ascertained by the current law of our country, but the"Tortious Liability Law"thirty-fifth has ascertained labor relation for the first time and use the concept. Labor relation scope widely, the law has certaintied its concept and extension. Law of our country has given a seperated stipulation on the labor relations in the tortious liability.Individual labor relations in the provision of labor in labor activities to infringe the rights of others, as well as providing labor party due to service their victims from the labor party should bear the responsibility. This and many countries or regions on the employer's liability provisions vary, but there are overlaps. In this paper the law after a situation, namely to provide labor for labor own victimization were discussed. Force Majeure : mostly in the civil law scholars are considered to be the grounds for exemption,"General Principles of Civil Law"and"Law of Tortious Liability"has its provisions, but also a proviso. In this paper, combined with the judicial practice in real cases, for the individual labor relations labor party due to force majeure is compromised when, labor party shall be liable for compensation were discussed.In addition to the introduction, this article is divided into five parts.Introduction. This part is describing the topics of theoretical and practical value of this topic; the current legislative situation; described the writing characteristics.The first part is introducing the case. This part mainly introduces the origin of the cases, details of the case, the litigant request of reason, excuse, cases of disputes and court cases, and put forward to solve the case analysis of the concrete problems faced.The second part is review and analysis of individual service responsibility. This part includes four aspects: The first is the analysis of labor-recipient in the labor relations should perform obligations; followed is looking up the individual labor responsibility theory basis, integrated each theory on liability reason undertook combing; third is to discuss personal service responsibility constitution important document, that its form components should include both the existence of labor relations, provide services for those who are engaged in labor activities damage and no exemptions of the occurrence of this three elements. Finally, according to the current law of our country, the author provides his own opinions to the principle of culpability accords to individual labor responsibility.The third part is identifying the force majeure. This is due to force majeure, the subjective element of force majeure the objective elements and the force majeure and damage of the causal relationship between three aspects to provide whether the whole event which the services for those who has injured is related to the force majeure.The fourth part is discussing the force majeure can become the exemption reason of individual labor responsibility.According the current law of our country, combining the author's points of the principle of culpability and the needs of society, that force majeure as personal service liability exemptions.The fifth part is the conclusion. This part summarizes the whole thesis.Giving comments to the judgment of the case, and putting the conclusions which has been discussed in this paper into the background of the case, giving the author points in how to appropriate the responsibility.