Under Egyptian law, the responsibility of the superior for the acts of the subordinate is one of the fundamental principles governing the relationship between the employer (superior) and the employee (subordinate). According to Article 174 of the Egyptian Civil Code, the superior is held liable for any damage caused by their subordinate in the course of performing their duties or as a result of such duties, provided the subordinate commits an unlawful act. This liability is based on the concept that the superior bears the consequences of their subordinate’s mistakes, as the superior benefits from the subordinate’s work and exercises authority to direct and supervise them.
Article 174 of the Civil Code states:
“The superior shall be responsible for the harm caused by their subordinate through an unlawful act, provided that such act occurs in the course of or due to the performance of their duties. The relationship of subordination exists even if the superior has no freedom in selecting their subordinate, as long as they have authority over them in terms of guidance and supervision.”
Given the gravity of the superior’s liability for the actions of the subordinate, the importance of conducting professional background checks on employees before hiring becomes evident. Background checks serve as a preventative measure that can help mitigate the risks associated with this liability. They achieve this by Selecting Suitable Candidates which Ensuring that the applicant possesses the qualifications and expertise required for the job, Criminal Record Verification which Identifying any criminal history that might indicate potential future issues ,Evaluating Professional Reputation which Reviewing the employee’s history in previous workplaces to assess their adherence to professional conduct, Social Media Screening which Examining the candidate’s online presence to understand their character and personality traits, Avoiding Legal Complications by Reducing the risk of hiring someone who might cause harm, leading to the superior’s legal liability.
