Employer’s liability for damage caused to his employees

   

   The employer’s liability for damage caused to his employees is always objective liability. The
   culpable action is not a prerequisite of the liability. The employer is liable even if he has
   breached no obligation. The liable subject is not necessarily identical with the subject who
   caused damage. The employee may be liable for the effect of the event which caused damage.

   

   The Czech Labour Code distinguishes:

   General liability

   Liability in connection with averting damage

   Liability for damage to employee’s things

   Liability for industrial injury and occupational disease

   

   The compensation for damage

   The employer shall compensate the damage in money if he didn’t restore the things into its
   original condition.

   The employer who has compensated to his employee the damages may require the reimbursement of
   the compensation from the subject who caused the damage. The compensation is ruled by the
   Civil Code. 

   In all cases the employer shall compensate the damage in full amount (except damage to
   employee’s things which the employee doesn’t usually bring to work and the employee didn’t
   pass to the employer for safekeeping). When the damage was caused intentionally the employee
   may also require the compensation for other damage.

   

   

   1.                 General Liability

   This type of liability is general. When the conditions for a special type of liability are not
   met the employee may claim this type. It includes two situations:

   1. The employer is liable for damage caused to the employee during performance of working
   tasks or in direct connection with them through a breach of legal obligation or intentional
   action contra bonus mores.

   The conditions are:

   ·        Damage caused to the employee during performance of working tasks or in direct
   connection with them. The damage may be caused by another subject than the employee,

   ·        Breach of legal obligation or intentional action contra bonus mores,

   ·        Causal relationship between the damage and breach of legal obligation or intentional
   action contra bonus mores.

   The employee’s action at the moment of creating damage is decisive (performance of working
   tasks or direct connection with them).

   

   2. The employer is liable for damage caused to his employee by other employees who breached
   their statutory duty in performance of working tasks and who are acting in the employer’s
   name.

   The conditions are:

     o Damage caused to the employee,
     o Breach of legal obligation by an employee acting in the employer’s name,
     o Causal relationship between the damage and breach of legal obligation.

   The acting of the injured employee at the moment of creation of damage is not important.

   

   The employer is not liable for damage to the employer’s means of transport which the employer
   used in performance of working tasks or in direct connection with them without the employer’s
   consent. He is not also liable for employee’s tools equipment or other things.  

   

   

   2. Liability in Connection with Averting Damage

   The employee is obliged to prevent damage. Where there is a risk of damage he shall bring it
   to the attention of a superior employee. If there is some impendent damage at the employer’s
   property the employee has a duty to take steps to avert the damage. He is not liable for
   damage caused by such an action. It is possible that during meeting this obligation the
   employee suffers damage. The employer is also liable for damage caused when averting danger
   threatening to life or health where the employer would have been liable for damage.

   The employee is entitled to the compensation for material damage and to reimbursement of
   effectively exposed costs on condition that:

     o he has not intentionally caused damage 
     o he has acted in a manner appropriate to the circumstances.

   

   

   3. Liability for Damage to Employee’s Things

   The employer is liable for damage to employee’s things if:

     o These are the things which the employee usually brings or wears to work and
     o The employee left the things in employer’s premises or in a place designate.

   If these are things which the employee usually doesn’t bring or wear to work the employee is
   only liable if he accepted them for special safekeeping. If he didn’t do so he is liable only
   in the amount of CZK 10, 000.

   

   

   4. Liability for Industrial Injury and Occupational Disease

   The employee is liable even if he fulfilled all the duties. This is the liability for result.

   The conditions are:

     o Damage caused to the employee (or his surviving when the employee died because of
       industrial injury or occupational disease),
     o The legal event (industrial injury or occupational disease)
     o Causal relationship between the industrial injury or occupational disease and the damage.

   

   The Act on Employee’s Accident Insurance will govern this liability. It was supposed to enter
   into force the 1^st January 20O8. But the date was postponed till 2010. Now liability for
   industrial injury and occupational disease is governed with the transitory provisions of
   Labour Code.

   

   Industrial injury means damage to employee’ health occurred:

     o Independently of his will
     o Caused by a short-term, sudden and violate impact of external forces
     o During the performance of working tasks or in direct connection with them (or for the
       performance of his working tasks)

   

   

   Occupational disease is a disease included in the list of occupational diseases (the annex of
   Government Decree no 290/1995 Coll.) if they are developed in specified conditions.

   The employer is liable if the employee was working in his undertaking under the conditions
   from which the employee’s disease arose.

   

   It is possible for the employer to be relieved his liability fully or partly on conditions
   laid down in Labour Code.

   The employer may free himself of his liability wholly

   1. If the employee violated the rules governing the occupational safety and health at work.
   The conditions are:

     o The employee had been acquainted with them.
     o Their knowledge and observation was systematically required and checked-up.

    2. The employee caused the damaged due to drinking alcohol or abusing other substances and
       the employer couldn’t prevent the damage

   And such fact was the only cause of damage.

   

   The employer may free himself of his liability partly:

   1. There are the same facts but they are only one of the causes of damage.

   2. The employee acted contrary to normal behaviour. He breached no rule bur he acted
   irresponsibly in view of his qualification, and experience.

   

   The employee is entitled to:

   Loss of earnings – during incapacity for work

                                      - after the termination of incapacity for work 

   Pain and lesser employability

   The purposefully incurred costs to medical treatment

   Material damage 

   

   When the employee dies due to industrial injury or occupational disease

   The employer shall compensate:

     o The purposefully incurred costs to medical treatment
     o Adequate costs connected with employee’s funeral
     o Costs for survival’s maintenance
     o A sum of money for survivors
     o Material damage