Liability For Damage Compensation By Labor Behavior

Since the implementation of the Labor Contract Law in 2008,the legal protection of workers has been strengthened.Whether it is occupational security,salary compensation,or the stability of labor contracts,the rights and interests of workers are maintained.However,in the practice of labor and employment,in addition to the circumstances in which the interests of the workers are damaged due to corporate violations,there are cases in which the interests of the employees are damaged by the behavior of the workers.In judicial practice.In the case of labor losses caused by laborers,due to the consideration of the vulnerable groups of laborers,some cases have alleviated the liability for compensation caused by laborers,and the losses of the enterprises cannot be compensated.In the case of a worker who is indeed at fault,the basis,scope and proportion of liability for damages are different.This thesis mainly focuses on five aspects: introduction,practical analysis,theoretical basis,extra-territorial situation and construction and perfection.In the first part,the paper first analyzes the background and significance of the topic,and comprehensively studies the research on the liability of enterprise damage caused by the employee's job behavior.This paper introduces the main content structure,research purposes and methods,and the innovation and deficiencies of the paper.The second part of the practice analysis,based on the definition of "laborers",the connotation of job behavior,the scope of damage,and other related concepts,through100 cases of judicial damages involving corporate damage caused by employee dutiesData analysis,refining,classifying and summarizing the situation in which the employee's job behavior causes damage to the enterprise,so as to analyze the disputed focus of the case;The third part of the theoretical basic research focuses on explaining the legal basis and controversy of the liability of laborers for damages in their duties;and combining the situation of disputes in the judicial practice to further present the practical dilemma of judicial practice;The fourth part of the foreign experience,through the German,Russian,Japanese and other countries on the labor liability behavior caused by corporate liability theory research,legislation,treatment methods and other aspects of the experience;Finally,the fifth part revolves around the construction of the liability for damage caused by the employee's job behavior,defines the liability principle of the employee's damage compensation,and shares the responsibility of the damage compensation through the general protection of the laborer's “weak”.In combination with the judicial practice,the case identification,the distribution of burden of proof and the scope of loss in the process of trial of relevant cases are further clarified,with a view to providing reference for relevant judicial trials.