Hour Workers Do Household Chores For Compensation.

What kinds of people and levels are there in the hour workers? Some of them can not only help but help them, and even bring a lot of trouble and economic losses to their employers.

In such a situation, many people will ask: if there is any loss, who should be responsible for it?

[case]

Because school winter vacation, and their company still need to work, Yang Chunlin had to find xiaomou to look after the 4 year old daughter.

The two sides agreed that xiaomou worked 3 to 4 hours a day, with an average hourly wage of 30 yuan.

In the morning of February 1, 2016, xiaomou took care of a child, and learned from a neighbor that a shopping mall was promoting special annual goods, so that the child was left alone in his home and rushed to buy it himself.

When he returned half an hour later, he found that his child was crying and his body was almost covered with blisters.

It turned out that when the child climbed alone at home, he knocked the water bottle off the table and smashed it on the floor.

Scalding hot water in a bottle burns children.

Later, not only did the child spend more than 12 yuan medical expenses, but also fell eight disability.

Xiaomou refused to take any responsibility on the ground that he did not want to cause child harm.

[comment]

Xiaomou must compensate for the loss.

The sixth provision of the tort liability law stipulates: "the perpetrator shall be liable for tort because of infringement of the civil rights and interests of others."

That is, as long as there is fault in the act and cause damage to others, it is impossible to escape liability.

In this case, whether Xiao Mou should bear responsibility or not depends on whether he has fault.

And the fault is divided into two kinds: deliberate and negligent.

Intentional means that the perpetrator knows his or her actions will cause harm to others, and hopes or indulges the damage through his or her own actions.

Fault is the result of foreseeing that one's behavior will cause damage to others, but not foreseeable because of negligence, or foreseeable but avoidable.

Here, although xiaomou "does not want to cause child harm", but this can only say that it does not intentionally, does not mean that it has no fault.

Because xiaomou should foresee the harm of leaving the child alone at home, leaving the post without authorization, and neglectful or credulous about all possible hazards can be avoided.

Companies steal their employers and domestic companies take the blame.

[case]

In February 4, 2016, it was looking forward to the new year, but because of her busy work, she could not clean the house. Wang Xin had to ask a housekeeping service company to provide a part-time worker to clean her home, and she paid the company at the rate of 40 yuan per hour.

Subsequently, the company sent a part-time worker Zhao.

Whoever knew that Zhao had seen money and had unwittingly discovered that Wang Xin could deposit 110 thousand yuan of cash and 2 yuan worth of gold and silver jewelry, and swept it away, and the whereabouts of his whereabouts were unknown.

Helpless, Wang Xin can only ask home company compensation.

Housekeeping company said that theft is a personal behavior of Zhao, and has nothing to do with the company's work arrangements. Wang Xin can only ask Zhao for compensation.

[comment]

A domestic company shall bear the liability for compensation.

On the one hand, the sixtieth provision of the contract law stipulates: "the parties shall fulfill their obligations in accordance with the agreement."

In this case, one of the obligations of domestic companies is undoubtedly the guarantee of Wang Xinke's property safety.

Wang Xinke's huge amount of cash and gold and silver jewelry were eventually stolen by the company's part-time worker Zhao, which means that the company has already broken the contract. It must be dealt with in accordance with the 107th provision of this Law: "if one party fails to fulfill its contractual obligations or fulfills its contractual obligations, it shall be liable for breach of contract, such as continuing performance, remedial measures or compensation for losses."

That is, Wang Xin has the right to claim compensation from him.

On the other hand, the forty-third provision of the general principles of civil law stipulates: "an enterprise legal person shall bear civil liability for its legal representative and other personnel's business activities."

That is, property is not stolen by the company, but Wang Xin must be responsible for the theft of the company's "business activities".

[case]

Li Xiaoping is a private advertising company boss, because the end of the year need to pay, repayment, and so on, work not only did not relax, but more busy than usual.

In desperation, she had to pay 30 yuan per hour for the assigned household duties.

In February 5, 2016, Lin saw a bottle of high grade red wine on the wine cabinet. Because he heard that drinking red wine could beautifying and beautifying the face, though he knew he had a bad drink, he still drank a lot.

Who knows, Lin is on the way to buy new year's goods due to alcohol attack, driving a tricycle pedestrian Zhang Zhang bruised.

Li Xiaoping paid Lin Mou more than 4200 yuan for medical expenses and demanded Lin pay.

But Lin refused to speak up: I worked for you to hurt Zhang. The money should have been given to you. How can I pass on the responsibility?

[comment]

Lin should pay.

The ninth interpretation of the Supreme People's Court on Several Issues concerning the application of law in cases of personal injury compensation stipulates: "if an employee is injured in employment activities, the employer shall bear it."

The employee shall be liable for any damages caused by intentional or gross negligence, which shall be jointly and severally liable to the employer.

If the employer is jointly and severally liable, he may claim compensation from the employee. "

That is to say, employees' harm to their behavior is not necessarily exempt from liability, the key depends on whether they have "intentional or gross negligence".

In this case, Lin is working for Li Xiaoping. Li Xiaoping should take responsibility for his actions.

But Li Xiaoping did not allow Lin to drink, and did not let him drink and drive. Lin knew that he could not drink enough to drink. He knew that drunk driving had the potential danger of endangering himself or others' property and personal safety.

Because of this, Li Xiaoping enjoys the right of recourse to Lin.

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