According to Xiao Fang's statement, Tang not only touched her thighs and arms while practicing driving, but also made an indecent move towards Xiao Fang in the examination room on the day of the crime. After being rejected by Xiao Fang, Tang still didn't stop, followed Xiao Fang into the hotel room and committed obscenity again. Xiao Fang broke free hard, and Tang let go and proudly left the room. It can be seen that Tang's malignancy is relatively large and should be severely punished within 5- 10 days. The fifth day is just the beginning, and the punishment is lighter.
Should the driving school be liable for the damage suffered by Xiaofang? Tang's illegal behavior is not an effective part of his work task, nor for the benefit of driving school, but to satisfy his shameful selfish desires. Therefore, strictly speaking, driving schools do not need to bear legal responsibility for this.
However, we can't help asking, in this case, if the driving school is exempted, does it make people feel wrong? Yes, it is unreasonable that the driving school is not responsible. While recruiting or cooperating with coaches, driving schools also open up another possibility, that is, the possibility that coaches may harm the rights and interests of others. Therefore, the driving school has the obligation to avoid such damage. Some people call this obligation the social communication guarantee obligation of the employer in production and operation.
This means that other units, including driving schools, should not only audit the professional skills of their staff, but also pay more attention to their behaviors in some special posts, especially when their work involves the personal and property safety of unspecified majority, such as requiring employees to provide proof of no criminal record according to law.
Of course, for these special positions, it is still not enough. In daily work, we must increase the supervision and management of employees. Only in this way, the employer does not need to take responsibility for the illegal and criminal acts committed by the staff by taking advantage of their work convenience. In this case, it is obvious that Tang took advantage of his work to molest Xiao Fang. Therefore, if the driving school fails to fulfill its obligations of selection, supervision and management, Xiaofang has the right to ask the driving school to take responsibility.
However, it must be pointed out that the driving school should not bear joint liability, but only supplementary liability, that is to say, it should only bear the liability for compensation for the part that Tang Can cannot afford. Moreover, after taking responsibility, the driving school can recover from Tang. Finally, Bian Xiao would like to remind that no matter what the occasion, if you encounter sexual harassment, indecency and other acts, you must not be silent, but dare to speak out or even accuse, otherwise it will only encourage criminals.