Article 12 of the Civil Liability Law does not state a criterion for determining the scope of the “while the worker is performing his work” condition, which seeks to determine the scope of the employer’s liability and lacks a clear precedent in jurisprudence; therefore, the scope of the said condition has a legal vacuum. Contrary to the opinion of the doctrine, it turned out that the criteria of Article 60 of the Social Security Law cannot be used as a criterion for the while the worker is performing his work condition in Article 12 of the Law on Joint Liability; because the two aforementioned articles have fundamental differences in terms of the person responsible for paying the damages, the persons protected, and the type of damages covered. s.
However, English judicial practice, by selecting different criteria based on social developments, has played an active role in determining the criterion of the condition under discussion; thus, in 2002, in the case known as Lister, by selecting the criterion of “close connection”, with the aim of compensating the victims, it led to an unlimited expansion of the scope of the while the worker is performing his work condition. Due to the broad interpretation of the aforementioned criterion and its extension to other cases and the creation of chaos and unreasonable procedure by the courts, in 2020, the Supreme Court of England, in the case known as Morrison, declared the aforementioned close connection criterion specific to sexual abuse cases, with the aim of preventing the imposition of an unfair obligation on the employer, and determined the close connection criterion to the concept of a normal connection between the work being hired and the harmful act of the worker as a rule..