Joint and several liability in the employment relationship

If an employee causes damage to another person in the course of employment activities, the employer shall be liable for compensation; If an employee intentionally or grossly negligently causes damages, he shall be jointly and severally liable with the employer for compensation. If the employer bears joint and several liability for compensation, it may recover compensation from the employee.

According to what you said, I personally think that it is an employment relationship You are a student of law, and you have also read the judicial interpretation of personal injury compensation, so I will not list the compensation costs in detail The employment relationship first depends on whether the employee is engaged in employment activities and causes damage to others The employee willfully or grossly negligently will be liable for compensation with the employer The contract relationship is that if the contractor is negligent in the order of instruction or selection, he shall bear the corresponding liability for compensation So in this case, is the employee for the benefit of the owner? Is the evasion of fines for one's own benefit or for the benefit of the patron? If it is for one's own interests, then it will be a contract relationship, and if it is for the interests of the owner not to be lost, then it is an employment relationship, and the most important thing is to look at the evidence

1. In the case of an employment relationship, A is jointly and severally liable for compensation, but because B is grossly at fault, he can be appropriately exempted from liability.

2 Yes. 3. See whether B's work behavior is carried out under the instructions and guidance of A, if there is employment, if not, it is contracting.

There must be joint and several liability, as long as A hires B to be established, and B causes or is injured in the course of his work. B ran away, and A can also sue. It's an employment relationship.

ABC is responsible! b>c>a

B has no ability to make financial compensation, and the lawsuit awards B to lose money, which is also a dead letter!

Three-way negotiation settlement!

The liability for the employment relationship is as follows:

2. In the case of compensation for damages in employment disputes, the principle of fault liability and the principle of presumption of fault cannot be applied to the employer's civil liability;

3. If an employee causes damage to others in the course of employment activities, the employer shall be liable for compensation;

4. If the employer bears joint and several liability for compensation, it may recover compensation from the employee.

1. The standard of economic compensation for the termination of the labor contract is as follows:

1. The economic compensation shall be paid to the worker according to the number of years of service in the unit and the standard of one month's salary for each full year;

2. If it is more than six months but less than one year, it shall be calculated as one year;

3. If it is less than six months, the worker shall be paid half a month's salary as economic compensation;

4. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period of payment of economic compensation shall not exceed 12 years.

2. The main basis for determining the employment relationship is as follows:

1. Whether the two parties have entered into an employment contract or oral employment agreement;

2. Whether the rights and obligations of both parties are for one party to provide labor services and the other party to pay remuneration;

3. The employee's control by the employer is the basis for the existence of the employment relationship.

In short, in the case of damages in employment disputes, the employer bears civil liability, and neither the principle of fault liability nor the principle of presumption of fault can be applied. If an employee causes damage to another person in the course of employment activities, the employer shall be liable for compensation; If the employer bears joint and several liability for compensation, it may recover compensation from the employee. However, the employment relationship between the parties must be established.

Legal basis. Civil Code of the People's Republic of China

Article 1192:Where a labor relationship is formed between individuals, and the party providing the service causes harm to others as a result of the service, the party receiving the service bears tort liability. After the party receiving the service bears tort liability, it may recover compensation from the party providing the service intentionally or with gross negligence. If the party providing the service suffers damage due to the service, it shall bear the corresponding liability according to the fault of both parties.

During the period of providing labor services, if the acts of the three people cause damage to the party providing labor services, the party providing labor services has the right to request the third party to bear tort liability, and also has the right to request the party receiving labor services to compensate. After receiving compensation from the labor party, it may seek compensation from a third party.

Legal Analysis: If an employee causes damage to others in the course of employment activities, the employer shall be liable for compensation; If an employee intentionally or grossly negligently causes damages, he shall be jointly and severally liable with the employer, and therefore, the employer and the employee shall be jointly and severally liable for compensation.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

Article 3 Where a worker of an employer who is required to participate in the overall planning of work-related injury insurance in accordance with the law suffers personal injury as a result of a work-related accident, and the worker or his close relatives file a lawsuit with the people's court requesting the employer to bear civil liability for compensation, he or she shall be informed to handle it in accordance with the provisions of the Regulations on Workmanship and Injury Insurance. Where a third party other than the employer infringes upon the employee's blindness and causes the employee's personal injury, and the person entitled to compensation requests that the third party bear civil liability for compensation, the people's court shall support it.

Article 4: Where a helper who provides labor services free of charge causes injury to another person in the course of his or her helper activities, the aided worker shall be liable for compensation. Where, after the assisted worker bears the responsibility for compensation, he recovers compensation from the helper who was intentionally or grossly negligent, the people's court shall support it. Where the assisted worker explicitly refuses to help, he shall not be liable for compensation.

Article 5: Where a helper who provides labor services free of charge suffers personal injury as a result of the helper's activities, he or she shall bear corresponding responsibility according to the respective faults of the helper and the helped; Where the covered worker explicitly refuses to help, the assisted worker is not liable for compensation, but may be appropriately compensated within the scope of benefits. Where a helper suffers personal injury due to a third party's conduct in the course of helper activities, he has the right to request that the third party bear the liability for compensation, and also has the right to request that the helpee make appropriate compensation. After the worker is compensated, he can recover from a third party.