The legal basis for herding cowherds not to pay for cattle

It is generally accepted that an employee is liable for loss of office unless there is gross negligence or willful will.

The example you gave is not in accordance with legal principles, first of all, you have to determine what kind of legal relationship exists between you and your boss? If an individual hires an individual, it is an employment relationship under civil law, and if a worker is hired by a unit, it is an employment relationship under social law. Civil law and social law are completely different concepts, and the Labor Law can never be applied to the employment relationship under the civil law, but only to the General Principles of the Civil Law, and the Labor Law can only be applied to the labor relationship.

The remedies are also very different, and the employment relationship can only be resolved through civil litigation; For labor relations, labor arbitration must be preceded before a civil lawsuit can be filed.

What exists between the herd and the employer is an employment relationship under the civil law, which is an individual-to-individual employment, and there is no so-called employer under the labor law; If it is an individual-to-individual employment, it is an employment relationship, and if it is an employment between an Internet café company and an individual, it is an employment relationship.

Since there is no clear legal provision in the current law on the attribution of fault liability of employees, the provisions of the labor contract are generally prevailing, and if there is no agreement, according to legal theory, only the employee shall be liable for the loss of duty if he or she is grossly negligent or intentional.

It is not in accordance with the law for you to say: "As a worker, if you violate labor discipline, you can accept a certain degree of punishment in accordance with reasonable and legal rules and regulations, and you should not be held responsible for the illegal and criminal acts of others."

If your job is to protect the company's property at night, then you should exercise your duties normally, if you do so, you will not be liable for any damage caused by theft, and you will be liable if you are grossly negligent or overconfident in not exercising your duties.

If the thief is not caught and you are grossly negligent, then the employer can require you to be liable for compensation. After you make compensation, you can exercise the right of subrogation against the thief caught in the future (on behalf of the employer). Since the likelihood of a burglar is less likely or even if it is followed by civil damages (in most cases the offender has no personal property), it is extremely unlikely that your subrogation claim will be remedied.

I know you don't like the answer, but that's the jurisprudence.

The focus of the law is whether you are grossly negligent, and if you have a duty to patrol and protect 3 rooms, then you may be grossly negligent. Otherwise, it is considered to be ordinary fault or no fault.

If there is gross fault, you are only liable for compensation; If it is general fault or no fault, you are not liable for compensation.

It depends on the duties agreed in your employment contract. If there is no written contract, it can only be presumed, for example, you are the only one on duty, and you are responsible for the management of the Internet café and not responsible for solving procedural problems, you should be liable, but this responsibility is not illegal liability, and it will not be full compensation, the specific compensation ratio should be agreed between you and the boss in advance, if there is no agreement, it will be considered according to the degree of fault in your work, if you only need a little attention to stop the theft but you did not pay attention, the degree of fault is very high, and the compensation ratio is high; On the contrary, the proportion is not too high. In short, it depends on the specific situation.

If the cow is lost, it should be compensated.

The example you gave is different from the others. Because I don't know what the scope of their work is, it's hard to say

And the law only says about relevant things, regardless of other irrelevant cases

If your duty is to stay in the switchboard, you will not be compensated.

Find out what your role is, whether it's a technician or a security guard.

Summary. Article 316: Before the finder delivers the lost property to the relevant departments, the relevant departments shall properly keep the lost property before the lost property is collected. Where damage or loss of lost property is caused intentionally or through gross negligence, civil liability shall be borne.

Article 317: When the rights holder collects the lost property, it shall pay the necessary expenses for the custody of the lost property to the finder or the relevant departments.

Where the rights holder offers a reward for finding the lost property, it shall perform its obligations in accordance with the promise when collecting the lost property.

If the finder embezzles the lost property, he has no right to request the custody of the lost property and other expenses, nor does he have the right to request the right holder to perform its obligations as promised.

Does the civil law say anything about the loss of cattle in the grazing industry?

Hello, I am a working lawyer and I am happy to advise you.

Hello, generally speaking, for the herding industry, if the cattle are lost, it is recommended to be able to go to the police as soon as possible. The civil law does not have clear provisions on the loss of cattle, and in this case, the discarding of the limbs can be recognized as lost or unowned.

According to Article 314 of the Civil Code of the People's Republic of China, if a lost property is found, it shall be returned to the right holder. The finder shall notify the right holder to collect it at the time of the judgment of the file, or send it to the public security and other relevant departments. Where the relevant departments receive lost property and know of the rights holder, they shall notify them to collect it when they are scattered; and where they do not know, they shall promptly issue a notice of solicitation.

Missing changes. Article 315 of the Civil Code of the People's Republic of China: Where the relevant departments receive lost property and Wang Hua knows the right holder, they shall promptly notify them to collect it; If you don't know the key, you should promptly issue a notice of recruitment.

Article 316: Before the finder delivers the lost property to the relevant departments, the relevant departments shall properly keep the lost property before the lost property is collected. Anyone who intentionally or grossly negligently causes damage or loss of a failed residual slippery object shall bear civil liability. Article 317: When the rights holder collects the lost property, it shall pay the necessary expenses for the custody of the lost property to the finder or the relevant departments.

Where the rights holder offers a reward for finding the lost property, it shall perform its obligations in accordance with the promise when collecting the lost property. If the finder embezzles the lost property, he has no right to destroy the lost property and other expenses, nor does he have the right to request the right holder to perform its obligations as promised.

The characteristics of the lost property and envy 1, must be the property of the stool. Immovable property, such as land, does not constitute lost property even if the boundaries are unclear over time. 2. The Xuqing Brigade is unoccupied.

Lost property must not be in the possession of anyone until it is found. 3. Must be non-ownerless. The loss of possession of a lost property is not based on the owner's will.

I hope my consultation can help you solve the practical problems you encounter, if there are follow-up questions, we welcome your Xun Naji to continue to consult. Thank you again for your consultation and have a great day

Summary. Article 179 of the Civil Code of the People's Republic of China The main ways to bear civil liability are:

1) Cease the infringement;

2) removal of obstructions;

c) eliminate the danger;

4) the return of property;

5) restitution;

6) Repair, rework, and replacement;

vii) continued performance;

8) Compensation for losses;

9) Payment of liquidated damages;

10) Eliminate the impact and restore reputation;

11) Apologize.

Where the law provides for punitive damages, follow those provisions.

The methods of bearing civil liability provided for in this article may be applied separately or in combination.

Does the civil law say anything about the loss of cattle in the grazing industry?

I am a partner lawyer of the platform and have received your questions. Please wait a moment while I take a look at your question.

Hello, please explain the situation in detail here, and I will help you analyze it.

What causes cattle to be lost?

My cow with a year old bull is missing.

Are both cows yours? Did you run it yourself?

The herd told me that the cow was lost, and I found out.

You are now want to herd cattle compensation you are.

Article 179 of the Civil Code of the People's Republic of China The main ways to bear civil liability are: (1) stopping the infringement; 2) removal of obstructions; c) eliminate the danger; 4) the return of property; 5) restitution; (6) Repairing, reworking, or replacing Hengjing; vii) continued performance; 8) Compensation for losses; (9) Pay liquidated damages; 10) Eliminate the impact and restore reputation; (11) Apologize and shout slippery. Where the law provides for punitive damages, follow those provisions.

The methods of bearing civil liability provided for in this article may be applied separately or in combination.

It is property damage. The perpetrator infringes on the person, property, and other lawful rights and interests due to his fault, and shall bear civil liability in accordance with the law, as well as other infringement acts that shall bear civil liability in accordance with the special provisions of the law.

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