Damage Compensation: Employee’s Responsibility of the Damage and Employer’s Responsibility
AbstractDamage represents violation of someone's subjective right or their legal interests.
Damage towards the employer can be caused by one or many workers. In cases in which the damage is caused by one worker, we have exclusive responsibility on the part of the worker. In the second case, damage caused by many workers, every worker is responsible for their personal part in causing the damage. To match the caused damage of the employer, the legislature anticipates the damage and assigns the degree of guilt.
If the employee during work or related to work, intentionally or by his negligence causes damage to a third person, employer is charged to repay the same the damage and the employee will be charged to repay the employer for the damage he caused.
According to the General collective agreement for the private sector in the field of economy, it is regulated that in the employer’s level, harmful activities of the employee are classified and the compensation is defined by the level of the damage that is caused, so as the way and conditions of reduction or forgiveness of the compensation can be determined.
There are complex relationships that occur between the employer and employee, in the situations where the employee is harmed or damaged during his work or related to work.
First level refers to the employee who suffers the damage at work or related to work. It is employer’s duty to offset the damage according to the general rights of responsible damage offset.
Second dimension or second level of the employer’s responsibility to the damage caused to the employee refers to all the actions that the employee can suffer as a result of violating the rights of the work terms. Example, terminated work-relation. If it is proved in the procedure that termination of the work-relation has occurred without the legal cause, the employer’s responsibility is undeniable.
Key words: guilt, increased danger, culprit, damaged, damage or harmful activities.
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