As the case says "Dian" 丨 Temporary employment is injured, do the employer take full responsibility?

Qi Mengcheng (first from right), president of the Civil Trial of the People's Court of Hutubi County, is communicating with the parties. Photo by correspondent Bai Jincheng

case:

Wang Mou, an individual building in Hutubi County, contracted a basement glass sunshine room reconstruction project and hired Lin and Xia Mou, and worked for 200 yuan per day. Within a few days of construction, the three temporarily built a wooden rack of more than 1 meter on the construction site. When Lin climbed up the shelves to carry the glass, it was unstable. grade ten. After Wang took the initiative to pay for medical expenses of 41,000 yuan, Lin said Wang to the court to ask the court to ask for compensation for disability compensation for 150,000 yuan.

Law:

Article 1,192 of the "People's Republic of China" stipulates that labor relations are formed between individuals and providing labor services to others due to labor services. After accepting the liability for infringement, the labor service can be recovered to the party with intentional or major negligence. If the party is provided by the labor service, the labor service is damaged, and the corresponding responsibilities are based on their own faults. During the labor service period, if the third party's behavior is caused by the provision of the labor service, the provision of the labor service has the right to request a third party to bear the liability for infringement, and also the right to request the compensation of the labor service. After accepting the compensation of the labor service, they can recover from the third party.

Interpretation:

In actual life, it is very common to provide labor services between natural persons. If an accident occurs, how can employers and providing labor service be responsible?

"According to the provisions of the Civil Code, the provision of the labor service due to the damage caused by the labor service, and the person who accepts the worker shall bear the liability for infringement. If the labor service provides a fault for the occurrence of the damage or expands, it must bear the corresponding responsibilities according to their own fault." Qi Mengcheng, the president of the Civil Trial of the People's Court of Hutubi County, said that in general, the fault of the provision of the labor service mainly refers to the obligations of not fulfilling the safety attention during the labor process, that is, the precautions of safety accidents are lower than the degree of the average person deserved. If you have not obtained the qualifications of your job, you are engaged in special operations, do not comply with safety operation specifications, knowing that there are hidden safety hazards and still perform related operations.

"Therefore, the providing labor service must not have a chance to prevent safety accidents during the labor process. Otherwise, after a personal injury accident, the corresponding fault is due to his failure to pay attention." Qi Mengcheng introduced that the court based on the court based on Lin Mou's disability levels and other losses determined that the total losses were 110,000 yuan. Wang bears 80%of the liability for compensation, and Lin had 20%of himself.

How should we prevent risks in labor relations? Qi Mengcheng reminded that as a labor service person, personnel should hire people with corresponding professional skills and qualifications, and provide sufficient labor security protection to provide workers to purchase personal accident insurance insurance. As a providing labor service, it is necessary to determine the rights and obligations with the employer to sign a written labor contract and obtain protection. (Tianshan.com reporter Yang Shuhan compiled)

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