随着我国经济市场的发展,市民社会的壮大,私有制度的社会规模从小到大,劳动合同调整的范围狭小,对劳动者保护不力的矛盾大量出现并形成了对经济发展的极大阻碍。目前雇工劳动现象广泛的存在于我们社会经济生活中,在司法实践中的雇佣合同的纠纷主要有二大类:一类是雇员在受雇过程中遭受人身损害的赔偿纠纷;另一类是雇员执行公务的过程中导致第三人损害的赔偿责任纠纷。也就是指雇员的侵权行为可以分为内部侵权行为和雇员对第三人的侵权行为,前者是指雇主与雇员之间及雇员与雇员之间在工作时间里因职务行为给对方或自己造成了损害的行为,后者是指雇员在受雇工作时间里因职务行为对雇佣关系以外的第三人的致害行为。现实实践中雇员在雇佣合同中的损害不在少数,雇佣合同纠纷的问题是我们无法回避的问题。因此,尽快提供解决雇佣合同中的责任承担这类问题的法律依据刻不容缓。 With the development of China’s economic market and the growth of civil society, the social scale of the private system has grown from small to large, the scope of the adjustment of labor contracts has been narrow, and the contradiction between the protection of laborers and the protection of workers has appeared in large numbers and greatly hindered the economic development. At present, there are two kinds of disputes about employment contracts in judicial practice: one is compensation for personal injury suffered by employees in the course of employment; the other is employees Dispute of liability for damage caused by the third party in the course of performing official duties. This means that an employee’s infringement can be divided into internal infringement and employee infringement of a third party, the former refers to the employer and employees and employees and employees during working hours due to job performance to the other or themselves The latter refers to the employee during the working hours due to job performance on the third person other than the employment relationship. In actual practice, there are not many employees in the contract of employment. The problem of the contract of employment is something we can not avoid. Therefore, it is imperative to provide the legal basis for resolving such problems in the employment contract as soon as possible.