A daily “Canon” | nanny injured employer should pay for it?


Xiaolan, the nanny employed by Xiaoming’s family, found that there was air conditioning water on the windowsill when she cleaned the air conditioner, but she did not pay attention to it. As a result, she failed to stand on the windowsill and fell down. At the same time, the cleaning tool in her hand broke the window of her downstairs neighbor, Xiaoli.Excuse me, should Xiaolan compensate her neighbor Xiaoli for her window?Can Xiao LAN ask Xiao Ming to pay for her own treatment and compensation for the damage to her neighbor’s window?If xiaoming is the contract that signs with homemaking company, xiaolan is the nanny that sends over by homemaking company, should compensate by who again?Employer’s Liability Article 1191 of the Civil Code Article 1191 Where an employing unit’s staff causes damage to others while performing work tasks, the employing unit shall bear tort liability.After assuming tort liability, the employing unit may recover compensation from the staff member who has committed intentional or gross negligence.During the period of labor dispatch, if the assigned staff member causes damage to others due to the performance of work tasks, the employer accepting labor dispatch shall bear tort liability;If the labor dispatch unit is at fault, it shall bear corresponding liabilities.”Civil code” article 1192 of the labor relationship formed between individuals, providing labor services side because Labour causes damage to others, by the accept labor party bear tort liability.After the party receiving the labor service bears tort liability, it may recover compensation from the party providing the labor service with intent or gross negligence.Where the party providing labor suffers damage due to his/her service, both parties shall bear corresponding liabilities according to their respective faults.During the period of providing labor services, if the act of a third party causes damage to the party providing labor, the party providing labor has the right to request the third party to bear tort liability, and also has the right to request the party receiving labor services to make compensation.After receiving compensation from the labor party, it may have recourse against a third party.Interpretation of the case Article 1192 of the Civil Code stipulates the employer’s responsibility for personal services. When individuals do work for individuals with compensation or without compensation, if the worker is injured at work or causes injury to others, the person receiving the service shall bear the responsibility.At the same time, Article 1191 of the Civil Code also stipulates the responsibilities of an employer when an employee is injured or causes harm to others while performing work tasks.In this example, Xiaoming directly asks Xiaolan to work as a nanny. The relationship between them belongs to personal labor service, and Xiaoming, as the recipient of labor service, is Xiaolan’s employer.Cleaning air conditioning is part of the nanny’s job, xiaoming for xiaoming smashed xiaoming’s window, the employer xiaoming to assume compensation liability to Xiaoming.If Xiaolan is intentional or has a gross fault, then Xiaoming can find Xiaolan to recover the compensation, but can not refuse to pay compensation to Xiaoli on this ground.To xiao LAN swabbing air conditioning falls injury, employer Xiao Ming and xiao LAN himself have responsibility.On the one hand, When Xiao LAN saw the water on the windowsill, she should be able to think that it was easy to slip if she did not dry the water directly, but she was lucky and did not take any measures, which was her fault for her fall.On the other hand, the windowsill is a relatively dangerous working environment, the employer Xiaoming should check the safety situation of the windowsill, remind Xiaoming to dry the water or provide anti-slip work shoes, but Xiaoming does not care, to Xiaoming’s fall injury is also at fault.Therefore, both sides should share xiaolan’s medical expenses and other losses according to their respective faults.If Xiaoming signed a housekeeping service contract with the housekeeping company, Xiaolan is the staff sent by the housekeeping company, then the housekeeping company is Xiaolan’s employer.Accordingly, homemak company should compensate xiaoli’s belongings loss, at the same time xiaolan’s injury belongs to inductrial injury, can enjoy treatment of inductrial injury insurance.Right now, Xiaoming can refuse the compensation requirement of Xiaoli and Xiaolan with reason and confidence, and let them look for housekeeping company to go.Through the above analysis, it can be found that in fact, there is a huge legal knowledge in the trivial life of “hiring a nanny”. We can hire a nanny through a domestic company, so as to reduce the risk of assuming responsibility.Comprehensive collation from Lingshou County Justice Bureau, web editor: GUI Fa Xuan

Leave a Reply

Your email address will not be published.