Employer’s Liability for Damages Arising from Workers’ Acts or Omissions

An employer’s liability for damages caused by workers can be divided into two categories:

• Damage to the worker himself: According to Article 36 of the Social Security Act, employers are obliged to insure workers against occupational accidents and diseases.
• Damage to a third party caused by the worker’s act: Employers subject to labor law are liable for compensating damages inflicted on third parties by their employees during the course of work.

Accordingly, the legislator considers the employer responsible for damages resulting from the acts of others (vicarious liability).

With regard to civil liability, it can be briefly stated that whenever an obligation arises between two individuals without the signing of a contract, it is referred to as civil liability. For example, when two vehicles collide, each party is liable to compensate the other for damages (civil liability imposes such an obligation).

Special liability within the scope of civil liability arises when either of the two general principles of civil liability—the principle of personal responsibility and the principle of fault—does not exist, or when the legislator has enacted special provisions. One branch of special liability is liability for the act of another, meaning that a person is held responsible for damages caused by someone else’s actions.

Today’s discussion focuses on employer liability for damages arising from the acts of workers.