The catering industry is a food production and operation industry that integrates instant processing and production, commercial sales and service labor, and provides consumers with a variety of wine, food, consumption places and facilities.
For example, various dinners, fast food, baking and other related industries.
The question is, do some bubble tea shops in the mall count?
This kind of place can be found all over the country, and it is the industry that is most closely related to people, so I will not introduce it much.
It is divided into three aspects: fixed assets, customers, and employees.
1. Fixed assets
It covers three categories: decoration, equipment and ingredients.
In July 2020, a gas leak in a restaurant in Shenzhen led to the complete destruction of the hotel's decoration and equipment.
Fire:In 2021, a fire broke out on the opening day of a restaurant in Yulin, causing more than half of the newly renovated store to burn down and make it impossible to operate.
Heavy rain:A restaurant was flooded by heavy rain and its equipment was so damaged that it could not operate.
Theft:During the Spring Festival of 2021, a restaurant in Leshan was stolen many times, and a variety of valuable drinks placed on the counter were stolen.
Once the above situation occurs, the property loss of the enterprise is huge.
2. There are many customers
Burns:In a restaurant in Yiwu, a deflagration occurred when the waiter was adding alcohol, resulting in serious burns to a female customer.
Fall:Due to the slippery floor, the customer accidentally fell, resulting in a severe head injury.
Gas Leaks**:On June 21, 2023, a leak of a liquefied gas tank at Fuyang Barbecue Restaurant, Minzu South Street, Xingqing District, Yinchuan City, Ningxia Province caused **, causing 38 people**.
Once a consumer is injured in the store, medical expenses, lost work expenses, and mental losses often lead to a year of business owners.
3. There are many employees
Once an employee is injured at work, such as falling or scalding in the store, or having a traffic accident on the way to and from work that is not the responsibility of the individual, then the catering company will need to bear the medical expenses, lost work expenses, disability compensation, etc.
On the one hand, many employees in the catering industry, such as waiters, do not have work-related injury insuranceThere are also agreements with part-time workers and part-time workers that do not hold them accountable, but these are not possible. Once an employee is injured, the company is still liable for full compensation.
On the other hand, some employees who have paid work-related injury insurance are also liable for compensation for part of the expenses that need to be borne by the enterprise.
It's just that many employees are not very aware of the law at present, and for various reasons, they have not pursued it to the company.
Article 1165 of the Civil Code.
Where the perpetrator infringes upon the civil rights and interests of others and causes harm due to his fault, he shall bear tort liability.
Article 1198 of the Civil Code.
Operators or managers of hotels, shopping malls, banks, stations, airports, gymnasiums, entertainment venues, and other business venues or public places, or organizers of mass activities, who fail to fulfill their obligations to ensure safety and cause harm to others, shall bear tort liability.
Case 1: Contamination in a restaurant causes a customer to fall
On 28 November 2020, a customer was dissatisfied with the restaurant and dumped food on the floor, and the waiter carried out a preliminary cleaning of the floor, but did not remove the oil and set up warning signs. Subsequently, another person, Zhang, fell there.
After diagnosis, Zhang suffered multiple injuries to his body, and later claimed medical expenses, lost work expenses, etc.
The court ordered the restaurant to pay compensation for medical expenses, lost work expenses, and transportation expenses.
Case 2: A customer fell and injured himself in the bathroom after drinking
The man and his friends went to a restaurant to eat and drink, and when they went to the bathroom on the way, they accidentally fell and injured themselves, and suffered a comminuted fracture of their left ankle, and they were hospitalized for half a year.
Later, the man sued the restaurant to the court, demanding compensation for his hospitalization expenses, lost work expenses, nutrition expenses and other expenses, totaling 230,000 yuan.
The boss believes that there is monitoring evidence that there is no standing water on the ground and no obstacles, so there is no problem of improper managementAnd the man was also taken to the hospital in time;And the man drank a lot of alcohol, and the fall was caused by his own responsibility: he did not consider himself responsible.
However, the court held that the store did not post a safety reminder slogan, and assumed 20% of the fault liability.
You can rest assured that once someone gets hurt, you can always find a loophole.
Case 3: A customer fell and died after being drunk
Song, after drinking one night, went to a barbecue restaurant with friends to eat, slipped and slipped when going down the stairs, and died after being rescued. The family believes that the barbecue restaurant should be held responsible and sues for 2 million in compensation.
The court held that the barbecue restaurant was not at fault, and Song himself was at fault, but still sentenced the deceased's family to 30,000 yuan.
As long as the restaurant has fulfilled its safety and security obligations and is not at fault, it does not need to pay compensation. Its own perfect facilities and monitoring provide strong evidence, otherwise you will have to bear the consequences of adducing unfavorable evidence.
1. Property insurance to protect property
According to the different coverage areas, it is divided into three types: basic insurance, comprehensive insurance, and all risks, and generally choose the property all risks with the most complete coverage, including natural disasters and accidents.
Recommended products: Generally, it is the rate of 10,000 yuan, up and down, and the insurance amount of 1 million is 800 yuan. However, there is often a minimum charge of 500 yuan or 800 yuan.
Zhong'an store insurance, Ping An property all insurance.
2. Public liability insurance to protect customers
If the insured suffers personal or property losses to a third party due to an accident while legally engaging in production, business and other activities within the location specified in the insurance policy, the insurer shall be liable for economic compensation in accordance with the laws of the People's Republic of China (excluding the laws of Hong Kong, Macao and Taiwan), and the insurer shall be responsible for compensation in accordance with the provisions of this insurance contract.
For the ambiguous interval area, as long as the court makes a judgment, it will be in accordance with the court's judgment.
Recommended products: Generally, the sum insured is agreed first, which is divided into the annual cumulative compensation limit, the compensation limit for each accident, and the compensation limit per person per time, and there is a certain relationship between the three limits, and there is often a certain deductible of 5% or 10%. Reference rates, annual premiums range from 5 to 1,000 of the annual cumulative limitbetween 5.
Three products are available.
Employer's liability insurance that insures employees
In the past, group accident insurance was very common, and the claim was convenient and the premium was low, but with the awakening of people's legal awareness, the advantages of employer's liability insurance to deduct the company's work-related injury liability have become more and more obvious.
So now, almost all of them are prioritizing employer's liability insurance. The catering industry is often classified as a 2-3 occupation, which is an industry with cheap premiums.
For example, if you need a death and disability insurance amount of 100,000 yuan, the annual premium is about 210 yuan, and some cost-effective employer insurance can also be about 140 yuan, which is very cheap.
However, in my daily work, I often encounter that the amount of insurance purchased by enterprises due to economic conditions is often very low, which will actually bring great loopholes to their own operations.
Communicate with the administrative person in charge of a chain restaurant to meet the other party's insurance needs: all store property, public liability, and public liability should be based on different insurance amounts in different regionsTo add a property as a co-insured.
The restaurant is very formal, all employees are covered by work-related injury insurance, and they do not think that their company needs to purchase additional employer's liability insurance.
After communication, the needs of the restaurant were sorted out, as shown in the figure below, that is, three types of insurance are needed to make a combination plan.
In view of its characteristics, it is necessary to provide protection liability for takeaway products, so it is necessary to introduce food safety liability insurance.
The final insurance result is: all stores are insured, the total premium of property insurance is 30,000 yuan, and the single store is only 400 yuan;The total premium of public liability insurance is 60,000 yuan, and the single store is 800 yuanOnly food safety liability insurance is insured for stores that provide takeaway, and it is 4,000 yuan for a single store.
Due to the scale effect of chain stores, the premium of a single store can be very low;For a single store, when insured, for example, the tea shop mentioned at the beginning.
Its property all risks, in the case of additional theft and robbery liability, the single store premium is about 800 yuan;The public liability insurance has an insured amount of 1 million, and the premium is about 800 yuan in the case of additional cross-liability (that is, listing the property as a co-insured) and additional food and beverage liability clauses (that is, underwriting food safety liability).
The property owner did not require him to take out employer's liability insurance, and if he took the initiative to choose the sum insured of 100,000 yuan, the single premium would be around 200 yuan.
There are monitoring equipment, try not to leave dead ends.
Ensure that the facilities within the management premises are in good working order.
Regularly overhaul all kinds of equipment as required.
For potential safety hazards, consumers should be reminded by means of explanations and warnings.
There are temporary erections or repairs to place shelters and safety tips.
Rescue in time in case of danger.