论违反劳动合同的归责原则

On the Categories of Responsibility Attached to Breach of Labor Contract

归责原则有过错责任与严格责任之分。在具有明显依从性和隶属性的劳动关系中,若对双方当事人一体适用过错责任原则,易为用人单位提供逃避法定义务和损害劳动者合法权益的口实;若一体适用严格责任原则,又会同时加重劳动者承担责任的风险,将其推向更加困难与无助的境地。只有对双方当事人区别对待,即劳动者违反劳动合同时,采过错责任原则,而用人单位违反劳动合同时,采严格责任原则才真正符合劳动法的基本原则与立法本意。

Responsibility rules can be categorized labor relationship clearly featured by subjectivity as responsibility due to either fault or intention. As to the and belonging, it＇s apt to provide employers with the excuse to escape the legal obligations and destroy the rights of employees if the concerned sides are applied to the principles. If they are applied to intention principle, it will increase the risks the laborers suffer, which leads them to a much more difficult and hopeless condition. Only by the way of dealing respectively, that is, the laborers apply to the fault responsibility and employers apply to intention responsibility, can it really conform to the basic principles and original aim of the labor law.