劳动者违纪损害赔偿责任研究

Study on the Liability for Workers’ Breach of Rules And Regulations

我国现有法律法规对于劳动者违纪赔偿责任存在立法层次较低、性质不明确、归责原则不清晰、赔偿标准不确定等问题。劳动者违纪赔偿责任本质上应是违约责任,但如造成用人单位有形财产损失则也符合侵权责任的构成要件,属于违约责任与侵权责任竞合之情形。我国劳动者违纪赔偿责任的归责原则应为过错责任原则,并应设置有限赔偿原则和最低生活保障原则等限制赔偿范围的原则,同时应规定劳动者的知情权、陈述权、申辩权等程序性权利以及用人单位索赔期限制度。

There are problems of Low-level legislation,undefined character, unclear imputation principle, and uncertain standard of compensation in our country’s existing laws and regulations about the liability of the workers’ breach of the rules and regulations.In essence,the workers’ compensation liability for violation of regulartions should be the liability for breach of contract, but if it causes the physical property loss of the employing unit, it also conforms to the constitutive requirements of tort liability, which is a concomitant situation of the liability for breach of contract and tort liability. The imputation principle of the liability for breach of regulations in our country should be the principle of fault liability, confined by principles that limit the compensation, such as the principle of limited compensation and the principle of minimum living guarantee.In the meantime,the procedural rights such as worker right to know, the right of statement and the right of defense defined.