Research On The Labor Right Of Recourse By The Employer

Employers assume workers functionary tort liability for damages, whether to the employee to recover, if can, recovery standards and limits, practice dispute quite a lot.The current law is unknown, "labor contract law" Article 90 of the right of recourse against the provisions of unknown, the Supreme People’s Court Interpretation on Several Issues concerning the application of law in the trial of cases on compensation for personal injury "Article 9 provides recovery unit of the right," tort liability law"article 34 of the right to recourse take the evasive attitude.The reason why the legislation is so confusing is that the legislator’s dilemma is the main reason. Admit that the recourse to the point of view, it is to improve employee responsibility guarantee, is objective requirement of the system of liability insurance of our country developed, is also the foreign legislation trend. Denied the recourse to the point of view that different employment relation and labor relation, the employment relationship has the right of recourse, and labor relations not; "labor contract law," the legislative purpose is tilted in order to protect the rights of the relative party vulnerable workers, so denied the existence of the right of recourse; employers for workers with their own disciplinary authority, there is no need of exercising the right of recourse to the laborer; labor relations with the human body, belonging to the characteristics, so workers fault should were absorbed.Recourse to achieve consistent with the premise, subject, behavior, result,responsibility five elements in combination with the identity of the degree of fault on both sides of the unit and the laborer, labor and economic situation on both sides based on comprehensive consideration.