| The compensation responsibility of laborer to unit of choose and employ persons is the property that shows laborer violates legal or agreement obligation to use person unit to get loss,bear a kind of form of legal consequence from this.In current labor law and labor law concern,its regard social law,the legislative purpose is to incline protect laborer,so most legal responsibility is assumed by unit of choose and employ persons,the legal provision that sets out from the reverse Angle that laborer undertakes responsibility is few and far between.So,laborer compensates the regulation of liability system to unit of choose and employ persons,it is the compensation that protects unit of choose and employ persons’ interest to labor law legislation.On the one hand,the compensation responsibility of the workers satisfies the legislative goal of the labor law,on the other hand,it maintains the harmony and stability of the society.As mentioned above,the author expounds the compensation liability of the laborer to the employing unit from four aspects and puts forward corresponding Suggestions.The paper starts from the definition and overview of the compensation liability of the laborer to the employing unit,explores the source and system function of the liability of the laborer to the employing unit,and has a general understanding of the compensation liability of the laborer to the employing unit on the whole.Through comparative analysis,this paper discusses and evaluates the compensation liability system of the laborers to the employing units in other four countries,points out the reference points of the above countries in the system,and provides a starting point for perfecting the system of our country.At the same time,compared with the excellent legislation and evaluation of foreign countries,this paper from the status quo of China’s workers to the employing unit compensation liability system of legislation,enumerate the shortcomings of China’s current legislation,give the corresponding evaluation,for the suggestion of a complete workers to the employing unit compensation liability legislation to lay the groundwork.Finally,on the basis of clear direction of improve the liability to pay compensation to unit of choose and employ persons put forward improvement ideas,mainly from the system,a series of worker of unit of choose and employ persons liable for the content,including the applicable scope of refinement,the imputation principle of clear,compensation standard and the diversification of the liability for compensation way detailed talks,some of whichmay improve the deepening understanding of theory and practice of the system.This paper starts from the direction of protecting the employing unit,regulates and legislates the compensation liability of workers,and controls the rights of vulnerable groups within limits,so as to achieve the balance of labor relations in essence and maintain social stability and fairness. |
