Fault Of Workers Compensation Research

Liability refers to worker’s fault which occurs in the labor process, resulting in the employer’s property losses, and workers bear a form of the legal consequences.In the field of labor relations, workers and employers are parties to the labor contract, but the legislative purpose of social law inclined to protect the workers.So the existing labor legislation is based on the worker’s rights and the employer’s duties, provides for additional compensation for employers, while the worker’s liability to employer rules very few.This is to protect the interests of workers, but the employers’ are under severe threat, which makes the balance of their interests become more inclined.So making the provisions of worker’s liability to the employer, on the one hand can meet the legislative purpose of labor law, on the other hand can maintain social harmony and stability.For the worker’s liability to the employer, this paper plan to perfect it and give some recommendations from the following four parts.The first part introduces the general theory of worker’s liability to the employer.This part is divided into three areas: firstly, when workers should bear the liability to the employer and defining its conception; secondly,describing the types of the obligation when the liability happens; finally, the function of establishing this system of worker’s liability to employer.The second part is mainly for workers in Germany, France, Russia and America, the three countries on employer’s liability system is introduced and evaluated, it is worth learning noted in workers on employer liability regime in place, in order to improve our legislation provides direction.The third part of the content is noted on the current legislation of the worker’s liability to the employer. Legal norms on this issue can be found in individual departments of law norms, there is no uniform requirement, while as for the scope of the workers responsible for the liability, the liability responsibility principle, the compensation standards and other specific content, it is insufficient. All of these show us direction in perfecting the worker’s liability to the employer.The forth part presents recommendations to improve the worker’s liability to the employer. This part goes from three aspects, first is to narrow the scope of workers responsible for the liability, compliance with the standard attributes in certain occasions to remove a strong group while dividing the workers withordinary workers and special workers; secondly, clear the liability principle when workers should bear the responsibility to the employer; finally, confirming the compensation standards the workers have to pay, limiting the compensation within the direct loss, then under whether the workers is unilateral or multilateral body when they caused the main damage to establish more specific compensation standards, thereby improving legislation,realizing the true sense of the balance between capitalism and labors and the social justice.