Employers Should Assume More Responsibilities As Operators.

During the period of work, the unit's equipment is damaged by the inhuman factors. Who should bear the loss?

Answer: along with the development of science and technology and the progress of society, nowadays, work is more and more inseparable from office tools.

Whether it is the "Little Donkey" of the courier little brother, or the most common office computer, or even the valuable scientific instrument, in essence, it is the office tool of the laborers.

The essence of labor relations is a process of combining the productive factors provided by employers with the labor force provided by labourers.

Employing units as the providers of production factors should provide workers with corresponding labor tools.

If the office tools are damaged during work, should the employer or the laborer take the compensation? We tend to believe that unless the workers can prove that they intentionally damage the office tools, they should not be held liable by the workers.

Employing units as producers and operators and beneficiaries of labor achievements can not pfer operational risks to workers.

Therefore, office tools should not be borne by laborers due to natural loss or damage to workers.

。

Q: when employees take their office tools home for damage, such as computers, who should be responsible for the loss?

A: this situation needs to be discussed in different cases.

First, it is necessary to distinguish whether the employer allows workers to take home office tools.

If the employer does not allow the laborer to bring the office tools home and the laborers do the opposite, the damage should be borne by the workers.

However, some office tools, such as laptop computers, office phones, etc., are permitted to be carried by workers under certain circumstances.

It also needs to distinguish whether workers are damaged when they perform their duties.

If the worker has damaged the office tools during the activities outside the office, the employer should not be held liable for damages.

As we have already left the employer's office space, we believe that workers should bear the burden of proof at this time.

Of course, it is difficult for workers to give evidence in such a situation.

Therefore, we suggest that workers should not take office tools home to work as far as possible, otherwise, if there is any damage, it is very likely that the two sides will stick to one's own words.

A: this situation is more complicated and needs to be discussed in different situations.

The first is the long-term borrowing by employers, such as requiring workers to bring their own tools.

As we pointed out in the first question, providing labor conditions and tools is the obligation of employers.

When the employer excludes his obligations and requires the laborers to bring their own tools to work, the beneficiaries of the labor results provided by the workers themselves are still employing units.

Labor relations are not labor relations.

Therefore, if the office tools are damaged during the work process, the employer should be liable for compensation.

The second is short-term borrowing. For example, a unit needs to hire a camera and a SLR camera.

This situation is similar to the first case. The laborer's labor tool is applied by the unit, and the labor tool is used for working purposes.

In the event of damage, the employer shall be liable for compensation.

The third is the voluntary use of labourers.

In this case, because the workers use their tools voluntarily, the employers do not enjoy the fruits of labor and benefit from it.

If there is any damage, there is no liability for compensation.

Therefore, we suggest that employers should fulfill their statutory obligations to provide workers with working conditions and tools.

Try not to mix the personal belongings with office tools, otherwise it will be difficult to define.

When the responsibility is difficult to define, employers should assume more responsibilities as producers and operators.

For more information, please pay attention to the world clothing shoes and hats and Internet cafes.