Does the employer bear the responsibility for an employee's car accident during employment, causing injuries to others?

Generally speaking, if an employee causes damage to others during his employment, the employer needs to bear the responsibility. However, it must be engaged in employment activities that cause damage to others, so it is necessary to judge whether employees cause damage to others during their employment. If it is not during the employment period, or if the employer has explicitly told the employee not to carry out the act, but still carries out the act, the employer will not bear the responsibility.

Legal analysis

If a laborer causes damage to others in employment activities, the employer shall be liable for compensation; Workers who cause damage to others due to intentional or gross negligence shall be jointly and severally liable for compensation with the employer. If the employer is jointly and severally liable for compensation, it may claim compensation from the laborer. Engaged in employment activities mentioned in the preceding paragraph refers to engaging in production and business activities or other labor activities within the scope authorized or instructed by the employer. The employee's behavior is beyond the scope of authorization, but its manifestation is or is intrinsically related to the performance of duties, which should be considered as "engaging in employment activities". It can be seen that the employer needs to bear the liability for compensation if the laborer causes damage to others in the process of engaging in employment activities, but the laborer has intentional or major faults and needs to bear joint liability with the employer. In addition, the Anhui Provincial High Court also issued similar guidance. If a motor vehicle driver performs his duties or engages in employment activities to drive a motor vehicle, causing personal injury or property loss to others, the driver's unit or employer shall be liable for compensation. If the driver is fully or mainly responsible for the traffic accident, he shall be jointly and severally liable for compensation with the employer. The driver's unit or employer has the right to claim compensation from the driver in accordance with relevant regulations after assuming the liability for compensation. In practice, there are several categories to determine whether employees (drivers) have intentional or gross negligence. Some courts simply refer to the responsibility in the accident certificate to determine whether there is gross negligence, and some courts will judge according to the actual situation, rather than relying solely on the responsibility of the accident certificate. In addition, there are cases where a third person and the employer bear joint and several liability for compensation.

legal ground

Article 1 19 1 of the Civil Code of People's Republic of China (PRC): If the staff of the employer causes damage to others due to the performance of their work tasks, the employer shall bear the tort liability. After the employer assumes the tort liability, it may claim compensation from the staff who have intentional or gross negligence.