The Liability Of Laborer's Damage Compensation

Laborers should be liable for the damage compensation due to the fault made when they perform their duties or the implementation of the work,which caused property damage of the labor employing unit.Whereas the belongingness of the laborers make labor relations different from general civil and commercial legal relationship,Labor law andThe Law of Labor Contract that core laws do not have specific provision on this question.Under the current practice,we can only determine the proportion of the responsibility and the way of compensation according to Temporary Provisions concerning Wage Payment,and the effectiveness of local laws and regulations is not consistent,obviously it cannot meet the needs of social development.The lack of legal regulation and the operability makes uncertainty of the application of Procedure and substantive law,and the judicial chaos at the same time.Prevention mechanism of labor employing unit is not mature,including internal rules and regulations have no legal content,or have no rule about this paper 's issue,or have illegal procedures or have no informing it to public.All these make it hardly fully effective.Along with The strong ideas of the protection of laborer,the liability of laborer's damage compensation cannot be effectively ruled,academia have low enthusiasm on this issue.This paper make it a starting point,then analyze it combining with several cases in practice to clarify the topic is indispensable to labor law system.So it is necessary to base on this,and put it in order in a comprehensive way,from the view of institutional improvement and design,learn from foreign legislation,make a strict legislation to determine the laborer's general provisions about liability for damages.Based on principles of fault liability,we could limit the liability to pay compensation of laborer on the basis of the degree of fault,damage,the ability of compensation etc.We should also ensure the specific compensation standards and advance a concrete compensation amount by principle of proportionality,confirm the cause of action and procedure through whether the labor relations exist or not as a boundary.Meanwhile the labor employing unit should improve the prevention mechanism to give full play to the effectiveness of internal rules and regulation to minimize the costs of such disputes.Social opinion also should be balanced to protect the interests of both sides as a starting point and strengthen the research of the academic and practical field.We should do our best to guarantee there is evidence to follow and realized the rights and obligations of both parties are unified at last.Not only should effectively protect the property rights of labor employing unit,but also the legal rights of laborers which may be improperly enlarged to achieve substantial justice in society.