| The situation where a worker causes damage to the employer is common in domestic judicial practice,but the criteria for defining the scope of the worker’s liability vary.Ultimately,it is the imperfect system of China’s labor law regarding the liability of workers for damages caused by employers,or even a gap in the legislation.From the concept of workers’ liability for damages caused by employers to the specific principles of imputation,there are large legislative gaps that may cause workers to bear huge amounts of compensation that do not match their salary levels.In addition,the lack of a labor law system has led to different standards of measurement,difficulty of proof,and different standards of proof in the adjudication practice,and even if the fact that the worker has caused damage to the employer is found to exist,there is no way to divide the liability.In practice,the tort liability in civil law is usually used as the basis of the case,but based on the special labor relationship between the employer and the worker,it is not possible to measure the worker’s liability for damages by tort liability.Accordingly,how to integrate the tilt protection intention of labor law with the tort liability of civil law is mainly determined by the discretion of judges in current judicial practice.The employer dominates the production process,and personal dependence is a distinctive feature of labor relations,and the worker should bear a certain degree of business risks while creating value for the employer.However,if the consequences of the damage caused by the worker to the employer are basically incorporated into the operating costs of the employer,it will bring unstable factors to the operation of the employer,which will undoubtedly make a few workers who have malicious damage avoid legal responsibility.Therefore,the principle of imputation of liability for damages caused by workers to the employer should be given attention by the legislator.Some countries,such as Germany,Russia,France,etc.,have already set up relatively elaborate systems for this purpose,which are worthy of our reference in terms of the provisions and principles of liability and the reasonableness and advancement of compensation standards.This paper examines the current concept of tilted protection in the labor law,from the perspective of protecting the healthy development of employers,and with the aim of maintaining social fairness and stability,attempts to study the application of the principle of imputation of fault liability to the division of liability for damages caused by workers to employers,so as to achieve the social effect of maintaining balanced labor-management relations.The body of this paper is divided into four parts.The first part composes the definition of the scope of workers’ liability for damages.In order to clarify the principle of liability,we must first define the concept of workers.China’s labor law does not explicitly exclude partners,shareholders and other powerful groups from the scope of workers,which is essentially contrary to the legislative purpose of labor law to protect the "vulnerable workers".This part further analyzes the bases of workers’ liability for damages,i.e.,statutory,contractual and incidental obligations.In addition,this part also introduces the significance and value of constructing a liability system for damages caused by workers to employers.In the second part of this paper,the author mainly retrieves the cases related to the title,and also analyzes these cases in multiple dimensions.By analyzing the adjudication standards of the retrieved cases,the author also summarizes the general characteristics of the relevant cases.It can be seen that cases in which the employer claims damages from the worker are actually not uncommon in China,but the judgment of similar cases may be very different in different courts and even in different regions.By analyzing the differences of similar cases,finding out the reasons for the differences,and summarizing and organizing them,it is conducive to analyzing the loopholes and shortcomings of the relevant legal system in China in a more in-depth manner.The third part of this paper summarizes the current status of the liability system for damages caused by workers to employers in China and the crux of the problem.At present,outside the scope of labor law,almost the only relevant provisions can be found in the civil law code.However,there is a fundamental difference in the legislative purpose of these two branches of law,and the labor law tends to be weaker than the civil law in terms of setting the liability for breach of contract.When choosing the remedial procedure,the employer will instinctively file a lawsuit based on the principle of maximizing benefits or on the basis of civil tort damages,which inevitably leads to a greater uncertainty in disputes arising from labor relations themselves due to the application of different substantive laws.Accordingly,it is particularly necessary to close the legal loopholes related to the labor law title statement.In the fourth part of this paper,the analysis mentioned above is integrated to explore the institutional construction of the liability of workers for damages caused by the employer.This part is mainly divided into three aspects: firstly,to define the scope of workers’ liability for damages,to distinguish between subordinate relationship and appointment relationship,to exclude the strong group from the object of inclined protection,and to divide the general workers and strong workers;secondly,to adopt the principle of fault liability as the principle of attribution of workers’ liability for damages;finally,to clarify the principle of partial compensation as the compensation standard corresponding to the principle of fault liability.Finally,the principle of partial compensation is explicitly adopted as the compensation standard corresponding to the principle of fault liability,and it is emphasized that the dispute of compensation for damages caused by workers to employers should be classified as labor disputes,so as to further deepen the solution path of such labor disputes. |
