| Liability for compensation is the consequence to be borne after violating legal obligations or agreed obligations.The labor law does not clearly stipulate whether the laborer shall bear the liability for compensation for the loss caused to the employer when performing the work task during the existence of the labor relationship.This is a very important part of the labor law,but because the purpose of the labor legislation is inclined to protect the rights and interests of laborers,so the current labor legislation is based on protecting the rights of laborers.Most of the laws formulated are provisions that employers violate the law and should bear the liability of compensation to laborers.There are very few regulations involving workers’ liability for compensation.To some extent,this approach protects the interests of laborers,but it also ignores the rights that employers should have.This has the risk of overdoing the relationship between the two,so in order to better balance the relationship between the two,workers’ liability system for damages should be improved.On the one hand,they must divide their responsibilities according to their faults.On the other hand,it is necessary to prohibit the direct application of the principle of complete compensation in civil law.It should combine the particularity of the labor relationship to limit the compensation liability of the workers.In the legislation,general provisions should be established for workers to bear the responsibility of compensation,and clarify the scope and standard of compensation.The improvement of the labor compensation system not only protects the legitimate rights and interests of laborers,but also promotes the stability and harmony of social relations.This article mainly reasoned and suggested the workers’ liability for damages in the course of performing their duties from the following four parts.The first chapter is a specific analysis of the "Labor Dispute Case between Beijing Xincheng Taxi Co.,Ltd.and An Zhihua".It mainly introduces the basic case and the reasoning of the court,analyzes the controversial focus of the case,and leads to the problem to be analyzed in this article,that is,whether the worker should compensate for the loss caused to the employer,if it is to compensate for the loss,then in what scope should the loss be compensated.The second chapter is a general theoretical analysis of the labor compensation system.The author first defines the scope of the objects discussed in this article,that is,the workers discussed in this article should be subordinate workers,excluding senior managers and other subjects who do not meet the subordination of workers.Secondly,it analyzes the basis of the laborer’s responsibility for compensation,that is,the source of his responsibility.Finally,it analyzes the particularity of the laborer’s liability for damages,which is the reason why it’s different from the principle of complete compensation in the civil legal relationship and special liability should be applied.The third chapter is to analyze the current system and judicial status of labor compensation in China and find out the crux of the problem.At present,China’s legislation on the compensation of laborers lacks the provisions of general provisions,the principle of blame is not clear,and the standard of responsibility is not unified.As a result,in practice,employers and laborers will fill gaps in legislation through agreement.However,the court’s determination of the effectiveness of such agreed terms is not uniform,some courts will determine that the workers should be liable for compensation according to the agreement,and some courts will determine that the workers are not responsible for compensation according to the purpose of labor legislation to protect workers.This leads to a situation where the judicial results are not uniform,increasing the risk of damaging the legitimate rights and interests of workers.So it should be perfected in legislation and judiciary.The fourth chapter is the suggestion to improve the labor compensation liability.It is mainly elaborated from the following aspects: one is to determine the general provisions of the workers’ liability for damages;the second is to clarify the principle of the attribution of workers’ compensation for damages,that is,the fault liability should be the principle of the fault;the third is to clarify the reasonable standard of compensation,that is,the standard is divided according to the degree of workers’ fault,that is,the laborer shall bear full responsibility for the loss caused to the employer under intentional circumstances,and shall bear partial liability in the case of gross negligence,in the case of general negligence then they will not be liable;at the same time,the principle of negligence must be followed when considering the responsibilities of the workers,it means we should also consider whether the employer is at fault,so as to reduce the responsibilities of the workers.Finally,the specific compensation amount is determined in combination with factors such as the individual wage level of the worker.The fourth is to clarify the types of disputes in such cases,that is,such cases should be handled in accordance with labor disputes in order to balance the rights and interests of laborers and employers more fairly and reasonably. |
