Research Of Damage Compensation Liability Of Workers To The Employing Unit

Along with the "Labor Contract Law" promulgated,To some extent, it make up for the lack of the "Labor Law" and it make greater emphasis on the protection of labor rights inclined. In labor relations, employee of the employer bears a contractual obligation and legal duty, when the improper performance or non-performance caused property damage to the employer,the employer shall be liable for the damages to the employer, including tort damages and liquidated damages.In China Mr. Wang Zejian and Mr. Shi Shangkuan believe that workers need to be liable for the damage they caused.Mr. Shi Shangkuan also believes that due to the personal property and labor relations work the fault of the inevitability of risk, the liability of the workers should be limited. In Japan and the UK,some professors believe that employers need to limit the claims of workers. But in our current legal theory and judicial practices, there is no clear and reasonable rules on the basis of compensation, the scope of compensation,reparation of workers.When it comes to the liability of damages, if we apply the principle of compensation directly related to the civil law, it will be easy to make the labor relations back to the imbalance before correction, and also contrary to the original intention of the independent labor law legislation.Although the employer and the employee can make the agreement upon on the liability of service, and other non-competition, but because of the content of the agreement is not specifically restricted by law, the employer often by virtue of their strong position substantially unequal agreement signed,it seriously need to consider how should we use these protocols.Based on the employee liable for damages in case type of analysis, combined with the existing labor legislation and to assume liability for damage theory,According to the analysis of a single case study present situation and problems of the laborer shall bear the liability for compensation,For damages based on a clear, reasonably determinethe scope and methods of compensation,I hope i can put forward my suggestions and opinions,I hope I can achieve a more comprehensive and reasonable implementation laborer employer liability for damage on the existing laws and regulations and theoretical.