How To Protect Rights Of Workers Injured By Unpaid Loan Project Qualification

A municipal engineering company in Jiangsu should request the construction personnel without decoration qualification to sign the decoration contract and issue the invoice in the name of the municipal company and the decoration unit Huang Jie company, but unexpectedly happened an accident in the decoration process, resulting in the injury to the right eye of the fitter, resulting in a eight grade disability and a dispute.

In April 18th, the intermediate people's Court of Nantong city of Jiangsu province made a final judgment on the dispute over the liability for providing the labor service. The defendant, Huang Jie company and the municipal company, each bear 10% of the liability for the loss of the plaintiff Wu, and the plaintiff of each plaintiff lost 2.7 yuan in economic losses.

The court tried to find out that in July 2013, Wu and others received the decoration works of Huang Jie company. Because the company needed formal contracts and invoices, Wu and others asked one of the workmates to find a municipal engineering company in Nantong, and asked the municipal company to sign the decoration contract in the name of Huang Jie company and issue the decoration invoice to Huang Jie company in its name.

Unexpectedly, Wu in the decoration process due to careless operation led to the right eye injury, identified by the eight grade disability.

Later, Wu took the company and the municipal company to the people's Court of Chongchuan District of Nantong, requesting compensation for the total losses of more than 27 yuan.

In court, Wu said the project was undertaken by a municipal company and was injured by its construction.

Share responsibility.

First instance also found out that Wu and other people are not municipal employees, municipal companies are only responsible for signing contracts and issuing.

It does not profit from it nor is it responsible for anything in the project.

After the trial, the court held that Wu had arranged his own working hours and the equipment needed for his work. His injury was due to the completion of the carpentry work at the request of Huang Jie company.

Wu is an actual contractor. It does not have the qualification of the contract for decoration works, and has not taken any safety protection measures during the work process. It has not fulfilled the duty of reasonable attention, and it should take the main responsibility for the consequences of its own damage.

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Huang Jie company has the responsibility of selecting a fault and assuming 10% of the compensation liability for the plaintiff's loss as appropriate, and the municipal company's lending qualification under the condition of knowing that Wu and others are not qualified, though it does not profit from it nor is it responsible for any other matters of the project, but the relationship with Wu is similar to the affiliation relationship. The municipal government should assume the responsibility of 10% according to the related responsibilities of the manager. According to the reasonable losses of Wu, the two defendants will be awarded 27043.68 yuan for each defendant.

The municipal company appealed to the Nantong intermediate people's court for lodge an appeal.

The second instance upheld the original judgment.