Research On Compensation Liability Of Employee To Employer

The determination of the establishment of liability,the division of the scope of liability and the way of assuming liability are the three major contents of the laborer’s compensation liability to the employing unit.Minor negligence laborer exemption rule is to point to,the laborer that only intentionally or gross negligence must bear damage compensation responsibility.In the legislation,this rule has been absorbed by the ninth article of the judicial interpretation of compensation for personal injury.The problem is that this judicial interpretation only covers the case of personal injury caused by the laborer to the third party,and what standards should be applied to the establishment of liability under the case of damage caused by the laborer to the third party or the property of the employing unit? If the application of article 6 of tort liability law will aggravate the compensation liability of the labor group,and there is no material difference between property damage and personal damage to the establishment of the compensation liability of the laborer,the legislation should recognize that the minor negligence exemption rule is equally applicable in the two types of damage;In theory,there are also loopholes in the minor negligence exemption rule itself,which lays a hidden danger of injustice in extreme cases.Subordination is the fundamental characteristic of labor relations,with subordination theory as the guidance,can fill in the loopholes of the exemption rule of minor negligence,the requirements for the establishment of liability after modification are as follows:(1)the employer suffers damage;(2)the possibility of workers’ performance against expectations;There is no excuse for the fault of workers;There is a causal relationship between the performance of duty and the damage.In the case of unintentional labor,there is a broad consensus that the scope of labor liability should go beyond full compensation liability.This consensus has not yet been turned into a law and relies on the full reasoning of the judge to realize it.This consensus has not yet unified standards and relies on the discretion of the judge.The labor code of the Russian federation defines the responsibility scope of the unintentional laborer according to the monthly salary of the laborer.The German federal labor court tried to balance the interests of the worker and the employer in the case and formed a case law to distinguish the degree of fault and determine the scope of responsibility of the worker.Together,to distinguish the fault degree can be systematic to break through the principle of full compensation,possesses the advantages of strong operability,at the same time,it should be noted that to distinguish the fault degree said can only achieve rough scoped,have different case situation,still need to be combined with the salary,position,length of service,economic strength,raise support condition,such factors as the risk prevention of unit of choose and employ persons,laborer compensation.Labourers shall bear the liability for compensation is faced with two problems: one is for single way,2 it is if the compensation and employee income gap is too big,laborer survival will get into trouble,only solve these two problems can really form the laborer that maintain justice,ensuring the effective compensation system to unit of choose and employ persons,our country should take the perfect career as the development direction of workers compensation insurance,occupational insurance have to pass on,to spread the risk of and control function,can effectively alleviate the worker’s compensation ability insufficient shortcomings.At present,payment by instalments,compensation by labor compensation,grace period relief and other ways can be adopted to reduce the pressure on laborers to bear compensation liability.