The Compensation Liability Of The Damage Caused By The Laborer

China’s current labor laws mainly emphasize the oblique protection of laborers’ rights and interests as vulnerable groups.While giving laborers more rights and guarantees,they also have restrictions on their responsibilities.But to the employer lays emphasis on the responsibility and the obligation stipulation,but neglects to the employer’s right protection.Undeniably,due to the unequal status of laborers and employers in the labor relationship in reality,proper incline protection of laborers is conducive to improving the disadvantaged status of laborers,so as to achieve substantive equality between laborers and employers,and finally achieve the balance of interests of both sides.However,this kind of oblique protection is not without limit,otherwise it will break the balance of interests of both sides and damage the substantial fairness.Therefore,it is very necessary to establish a reasonable compensation liability system and clarify the compensation liability of laborers to employers to balance the interests of both labor and capital and to realize the harmony and stability of labor relations.As for the liability of the laborer for compensation of damages to the employer,the current effective legal basis in China is mainly the Article 16 of Interim Provisions on Wage Payment.However,this provision only applies to the situation where the laborer’s breach of contract causes damage to the employer,and must be based on the agreement of the labor contract.It is difficult to apply to the situation where the laborer’s duty infringement causes damage.Article 1191 of the Civil Code stipulates the right of recourse of the laborer when the laborer causes damage to a third party while performing a task,but does not cover the situation where the laborer directly causes damage to the employing unit.On the whole,China’s current legislation lacks systematic provisions on the liability of compensation for laborers ’ damages,and at the same time,there are problems such as the principle of imputation,the scope of compensation,and the mode of compensation are not clear.The lack of legislation will certainly affect the judicial practice.This paper collected 220 cases of damages caused by laborers’ duty behaviors to employers.The cause of the case,the result of the judgment and the main reason of the judgment are counted,and the main factors that affect the result of the judgment are analyzed.On this basis,the problems existing in the judicial practice in China are summarized.In view of the problems in legislation and judicial practice,this paper puts forward suggestions to improve the liability of compensation for the damages caused by laborers to employers from the aspects of the principle of attribution and constituent elements of the liability,the limitation of liability rules,the scope of compensation and the mode of compensation.