Article 600 of the Civil Code of Vietnam 2015 stipulates: “Individuals, legal entities and other entities must compensate for damage caused by employees and apprentices while performing assigned work and have the right to request workers to working as an employee, the apprentice who is at fault in causing damage must repay a sum of money in accordance with the provisions of law.”
An employee is to perform a regular job or job to receive sum of money. Employees are different from workers. Employees working in the field of production and business… have signed a labor contract with an organization or enterprise and are entitled to benefits according to labor laws.
An apprentice is a person who is studying a specialized career in the fields of production and business, in scientific research… to later practice for a living.
Vocational instructors have high professional qualifications and pass them on to learners through experience or in organized vocational classes.
Liability to compensate for damage caused by employees or apprentices has three relationships:
– Relationships between employees and apprentices with individuals, legal entities and other entities that employ those employees and apprentices;
– Relationships between individuals, legal entities and other entities that employ employees or apprentices and the person who suffers damage;
– Relationships between employees, apprentices and victims.
In order for liability to compensate for damage caused by an employee or apprentice to arise, there must be a relationship between the individual, legal entity, or other entity and the employee or apprentice (called the person causing the damage). between an employer or employee (through a contract) or between a vocational trainer and an apprentice. Individuals, organizations or other entities must only compensate for damage caused by employees or apprentices when the damage is That is the consequence of performing the assigned job or vocational training. If the damage is not related to the assigned job or vocational training, the individual, organization or employer In other cases, hiring employees or apprentices will not have to compensate for damages.
If the employee or apprentice is at fault in causing damage, the individual, organization or other entity that assigned the job to the employee or apprentice has the right to request the employee or apprentice to repay the work. a certain amount of money. The consideration of the refund amount will be based on the level of error of the employee or apprentice as well as on the contract signed between the employee or apprentice and other individuals, organizations or entities. hired workers and trained them in that profession. If in the employment or vocational training contract, the parties do not agree on the refund amount, the consideration of the refund amount will be resolved according to the provisions of law.
