Can an Employer Require an Employee to Work Overtime?

Employer's liability refers to the responsibility of the employer to the employee, including the employer's own intentional, negligent, and non-negligent employee's liability for personal injury compensation. The prerequisite for the employer's responsibility is that there is a direct employment relationship between the employer and the employee, that is, only the employer has the right to fire the employee, and the employee has the obligation to obey the employer's management to engage in business work. This right and obligation relationship is in writing Employment or labor contract. The following situations are generally considered to be the fault or negligence of the employer:

Employer responsibility

Right!

The legal characteristics of employer liability are: ^[1]

The conditions for employer liability are: ^[1]

Employer responsibility is generally established in all countries, but

Prerequisites for employer responsibility-employees

Liability for alternative liability

^[1]

According to Article 9 of the Judicial Interpretation of Compensation for Personal Injury, "If an employee causes damage due to intentional or gross negligence, he shall bear joint and several liability with the employer, and if the employer is liable for joint and several liability, he may recover from the employee" The right to recover from employees. After the employer has compensated the victim for the loss, the employee has the right to claim compensation. Some scholars believe that stipulating that employers have the right to claim compensation can not only make up for the employer's losses, but also urge employees to work cautiously at work to reduce the occurrence of damage. In trial practice, the exercise of claims by employers is generally supported. However, at the current stage, the issue of recovery from employers to employees should be strictly controlled according to the specific circumstances. The employer's responsibility for external subcontracting is based on the tort relationship, and the employer's recovery from the employee is based on the contractual relationship between the two parties. The liability of an employee should be judged based on the extent of the employee's fault for the damage. To prevent two wrong tendencies, one is that the employer transfers the risks of the business to the employee; the other is that the employee assumes most of the responsibility if the employer fails to monitor and manage. ^[1]

In an employment relationship, the employee is economically disadvantaged relative to the employer. The employee's income is dependent on the wages paid by the employer, who engage in hiring activities to earn a living. And the employer uses the employee to work for the purpose of pursuing economic benefits. The employer shall be responsible for the business risks arising therefrom, unless the employee has intentional or gross negligence. At the same time, the employer's external liability may include mixed faults between the employer and the employee. When determining the amount of compensation, the extent of the fault between the two parties should be compared and determined based on the benefits and economic conditions of the employer and the employee.

In judicial practice, it should be noted that, because the employee's performance of the job caused the employer to lose and the employee died, the employer's loss does not have a legal causal relationship with the employee's family member, so the employer has no right to the employee's heir A claim is filed and the employee's family or heir is not obliged to compensate the employer for the loss.