Judging Implement Work Task Of The Employer Responsibility

Employer responsibility is a critically alternative responsibility. Judging “implement work task” is the difficult and important point in the process of defining employer responsibility.Different countries have different standards about how to judging “implement work task”. The legislation and judicial practices in our country have different approaches to this question. Different judges give different judgments to the similar cases. I didn’t see the target deals about this question when I did my literature review. So I think it’s necessary to expound this important question about how to judging “implement work task”. This essay puts “implement work task” as the research center, focus on the general criteria and judging standards about “implement work task” on several special situations.Firstly, I expound employer responsibility through the evolution, the legal basis, the principle of imputation, the composition and the legal effect. All of these dimensions prove that “implement work task” is really important when judging employer responsibility.Secondly, I expound the different ideas about “implement work task” and the related cases in the judicial practices. On the basis of these, I expound my point of view to this question. I think when judging “implement work task”, we should see the case clearly, analysis whether the employee’s behavior have employer’s authorize or not. If it has, this behavior is implement work task; the employer needs to undertake the liability. If the employee’s behavior doesn’t have authorized, we should analysis three points: relevance, interest, foresee ability. If the employee’s behavior doesn’t satisfy these needs, we can’t judge it as implement work task.Finally, I consider the standards about several special situations. I divide tort into two parts: tort in the working process and tort on commuter time. Further, when I analysis the question that the behavior beyond authority is implement work task or not, I divide tort beyond authority into three parts: the violation of the prohibition; frolic; the behavior beyond the authorized scope. Besides, the sexual harassment’s judging standard is disputed, so I discuss it separately.