Overview

Original Research

LIABILITY FOR DAMAGE ARISING FROM THE EMPLOYMENT RELATIONSHIP - COMPARATIVE ASPECTS

Dr. SC. BURIM TAHIRI 1, and Dr. SC. MERITA MUHARREMI 2.

Vol 17, No 11 ( 2022 )   |  DOI: 10.5281/zenodo.7389881   |   Author Affiliation: Burim Tahiri is Senier Legal Advisor, Ombudsperson Institution of Republic of Kosovo. Ombudsperson Institution 1; Merita Muharremi is Professor at Faculty of Law in University Kadri Zeka, Gjilan, Kosovo, University Kadri Zeka, Gjilan 2.   |   Licensing: CC 4.0   |   Pg no: 2002-2017   |   To cite: Dr. SC. BURIM TAHIRI, and Dr. SC. MERITA MUHARREMI. (2022). LIABILITY FOR DAMAGE ARISING FROM THE EMPLOYMENT RELATIONSHIP - COMPARATIVE ASPECTS. 17(11), 2002–2017. https://doi.org/10.5281/zenodo.7389881   |   Published on: 30-11-2022

Abstract

Liability for damage arising from the employment relationship is a type of liability for damage caused by actions of another. In such cases, the person who caused the damage is not liable, but the person who gave the order to perform the work is liable. However, in order for this type of liability to come to expression, the damage must have been caused without the fault of employee. This type of liability is characterized by three separate subtypes as follows: 1. the employer's liability for damage caused by his employee to another person, 2. the employer's liability for the damage caused to employee at work, and 3. Liability of legal person for damage caused by its own bodies. Each subtype has its own conditions, which must be fulfilled together in order to express the liability for the damage caused. Albania, Kosovo, France and Germany have regulated this type of liability by legal norms, and they also possess an abundant court practice. Except for Kosovo, which has regulated this type of liability by the Law on Obligations, all the aforementioned countries have regulated this type of liability by their civil codes.

Keywords

Damage, Liability, employee, employment relationship.