Research On Employer’s Right Of Recourse

After the employer assumes the employer’s liability,exercising the right of recourse to employees is a type of dispute accepted by the court.The controversy in the case focuses on whether the employer has the right to recourse,how to determine the prerequisite and scope of recourse.The Tort Liability Law only stipulates the employer’s liability,but does not specify the relevant rules of employer’s recovery.Over-principled legal provisions lead to the lack of uniform standards of judgment in judicial practice,and judges have greater discretion,which leads to different judgment results in similar cases.Starting from specific cases,this paper analyses the main focus of disputes over this problem in judicial practice,holds that the employer’s right of recourse should be equally applied in labor relations and employment relations.The degree of employee’s fault is an important prerequisite for judging whether the employer can have the right of recourse,and also for determining the scope of recourse.When distinguishing gross negligence from general negligence,we should lay emphasis on the identification of objective aspects of employees’ behavior,which can be judged comprehensively by combining legal standards,behavioral content standards,professional quality standards and other external factors.Attention should be paid to limiting the scope and method of employer’s recourse in order to protect employees’ basic rights.Employer’s fault,employee’s position,job risk and economic level of both sides are important factors affecting the scope of compensation.In order to further standardize the refereeing standards for employer’s recourse cases,the law should clearly stipulate employer’s right of recourse and refine relevant rules.Due to the limited ability of some employees to compensate,we can consider developing employer’s liability insurance to disperse employer’s employment risks in the future and provide a new way for smoothly resolving recourse disputes.