It depends on the specific situation. The employer shall be liable for compensation if the employee causes damage to others in employment activities; The employee shall bear joint and several liabilities with the employer if he causes damage to others intentionally or through gross negligence.
 Legal basis:
 The first paragraph of Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases stipulates that if an employee causes damage to others in his employment activities, the employer shall be liable for compensation; The employee shall bear joint and several liabilities with the employer if he causes damage to others intentionally or through gross negligence.
 Any of the following circumstances shall be deemed as gross negligence and shall be jointly and severally liable with the employer:
 1. Taking full responsibility for the accident;
 2. Being mainly responsible for the accident and causing one death or more than three serious injuries, or being investigated for criminal responsibility;
 3. Being mainly responsible for the accident, and having one of the serious violations such as driving without a license, driving without a license, drunk driving, overloading driving, or driving on the road knowing that the vehicle itself has potential safety hazards;
 4. The driver's license was revoked due to the accident.