CCIC – April 22nd2014Luigi Zunarelli
Different Level of Liability
Civil – Compensation that the employer/social fund pay to the employee for a certain accident incurred.Administrative – Fine or penalties issued by Chinese administrative authority due to a misbehavior of the employerCriminal – Personal liability of company directors/legal representative or senior employees
Italian Legal Framework
Chinese Legal Framework
Workinginjury– any damage caused by an injury related to the working activity shall be compensated by the company and social fundunless intentional or due to a criminal action.Civil tort liability– any damage caused by a person base on anunlawfulaction
Fault of employer– damage incurred due to negligence of the employer or unknown reason.Fault of employee– damage incurred due to negligence of the employee.Unpredictable and absolutely abnormal action– damage incurred due to an action of the employee thatcouldn’t be predictedor controlled in anyway by the employer.
Whatshall be considered asworkinginjury?
What we need to provide in company regulation
work-related accident at the workplace during the working time;Injured in an accident when making work-related preparations or conducting work-relatedInjured due to work or the whereabouts thereof is unknown due to an accident;Injured in a traffic accident on the way to work from home or back home from work;
Define procedure for approval/declaration of business trip;Define relationship with freelance/partners or part time workers; surveillance and accreditation system for visitors;Define duration and appointment for work related activity out of workplace;Define area and tools related to the working activity.
General Liability“Whoever violates the safety provisions in the course of production and operations, thereby causing an accident”Direct Accident Liability“Whoever forces another person to work under hazardous conditions in violation of rules”Employer Liability“Where the facilities for safety production or the conditions for safety production are not in conformity with State requirements, the person directly in charge and the other persons directly responsible shall be sentenced”
Administrative and criminal liability are based on the breach of law or company regulation so it is necessary to state out rule and regulation to be respected by employees to avoid criminal and administrative liability
Define procedure for use and maintenance of machinery;Define training duties for senior officers toward new employees;Define andapplypenalties for breach of safety regulation;Define duties and responsibilities for senior managers employeesDefine a urgent protocol in case of emergencyOrganize training and seminars to inform employees about company regulation
“However whatever happen I’m always responsible” NOT TRUE!Importance of company organization, guidelines or employee handbook to prevent liability.“I’m not the legal representative so I don’t care”NOT TRUE!