Civil liability of the Employer and Employee Towards each Other and Third Parties
Subject Areas : Civil liabilityMina Javadi Moghadam 1 , Mehdi Haghighatju 2
1 - Student of Master’s Degree in Private Law, Department of Law, Ahrar Institute of Higher Education, Rasht, Iran.
2 - Assistant Professor of Private Law, Department of Law, Faculty of Humanities, Rasht Branch, Islamic Azad University, Rasht, Iran.
Keywords: Civil Liability, Employer-Employee Relationship, Employer, Employee, Third Party, Negligence, Compensation for Damages, Workplace Accidents ,
Abstract :
Civil liability in employer-employee relationships is of paramount importance. This relationship is defined such that, in accordance with Article 2 of the Labor Law, the employee agrees to work under the supervision of the employer for wages, while the employer, in compliance with Article 3 of the Labor Law, must pay the employee's wages for their activities. During the execution of this relationship, accidents may occur causing damage and losses to both parties or even to third parties. Therefore, each party bears certain liabilities, which this research addresses using a library-based tool and a descriptive-analytical method.The findings indicate that in cases of damages inflicted upon workers due to workplace accidents, the employer is liable to compensate the worker. Consequently, in accordance with Article 148 of the Labor Law and based on the Social Security Law, the employer must insure the workers in their unit. This ensures that if any damages occur to the worker during the job, compensation will be provided through insurance.Regarding damages caused by workers to third parties during the performance of their duties, in accordance with Article 12 of the Civil Liability Law, the employer is liable to compensate the third party. However, if the employer can prove the conditions of "non-negligence" stipulated in the same article, they may seek recourse against the worker responsible for the damage.It should be noted that while the Iranian legislator has clarified the employer's liability in various laws, they have not explicitly addressed the type of liability of the worker. References to the worker's liability appear only in Article 95 of the Labor Law and Article 12 of the Civil Liability Law.Article 95 of the Labor Law places the responsibility for implementing technical and occupational health and safety regulations on the employer. However, if the employer provides the necessary equipment and facilities for technical and occupational protection to the worker, and despite receiving necessary training and prior warnings, the worker fails to use them in accordance with existing instructions and regulations, the employer shall bear no liability, and the worker becomes responsible for compensating the damages incurred.Additionally, Article 12 of the Civil Liability Law addresses the liability arising from the worker's negligence towards the employer regarding damages inflicted on third parties.
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