Title: Despite Friendship and Mutual Assistance, Responsibilities Must Be Clear--Looking at the Personal Labor Relationship from a Tragic Accident Zhao, Zhang, and Grandma Guo were all neighbors and friends of Liu, and they provided information and referral services with the mentality of friendship and mutual assistance, however, the tragedy still happened. A housekeeper accidentally fell to his death while cleaning glass, which attracted everyone's attention. The accident involved an individual labor relationship, which gave rise to a series of legal disputes and issues of division of responsibility. First, the court held that there was no employment relationship between Zhao, Zhang and Liu, and that they had only provided friendly help and support. Therefore, within the scope of responsibility of Zhao and Zhang, the obligation to compensate Liu is not included. However, a clear personal labor relationship was formed between Liu and Grandma Guo. According to the evidence, Liu has professional knowledge and experience in cleaning glass, and can use professional tools to complete the task.
Therefore, according to their respective faults, both parties should bear the corresponding responsibility. If Liu temporarily removed the guardrail or believed that the danger could have been avoided when cleaning the glass, then he should bear full responsibility. Because as a professional, he should know how to do it correctly, comply with safety norms. Any behavior that does not comply with safety requirements will increase the risk of accidents. Even though the guardrail has long been removed, Liu still has the option to complete the task in a safe way, and he is still at fault and should bear the corresponding responsibility. As a housekeeper with professional knowledge and experience, he should choose the safest method when cleaning the glass and ensure his own safety. This accident has triggered our thinking and concern about the relationship between individuals and workers. In an individual employment relationship, it is important to clarify the responsibilities and obligations of all parties.
Employers should provide a safe working environment and necessary training, while workers should also comply with safety regulations and professional standards when performing their tasks. However, in real life, we often see similar accidents occurring, which involves the division of responsibilities in individual labor relations. In order to avoid the recurrence of similar tragedies, we need to strengthen the supervision and regulation of individual labor relations. In addition to legal constraints and regulations, personal safety awareness and sense of responsibility are also very important. When undertaking any task, we should be vigilant, follow safety rules, and choose the safest way to get the job done. In short, while friendship and mutual assistance are a beautiful phenomenon in our society, in the case of individual labor relations, responsibilities must be clear. There is no employment relationship between Zhao, Zhang and Liu, and they should not be liable for compensation.
However, a personal labor relationship was formed between Liu and Grandma Guo, and both parties should be held liable according to their respective faults. We need to strengthen the supervision of individual labor relations and improve personal safety awareness and sense of responsibility to avoid the recurrence of similar tragedies. According to the court's judgment, the plaintiff, Grandma Guo, and the defendant had an employment relationship, so according to Article 1192 of the Civil Code of the People's Republic of China, if the party providing the labor service causes damage to others due to the labor service, the party receiving the labor service shall bear the tort liability. In this case, the plaintiff, Grandma Guo, bears part of the liability for damages. At the same time, according to Article 1173 of the Civil Code of the People's Republic of China, if the infringed party is at fault for the occurrence or expansion of the same damage, the liability of the infringer may be reduced.
In this case, the court may find that the plaintiff, Grandma Guo, was at fault for the occurrence or expansion of the damage, so the plaintiff bears most of the liability. To sum up, the court may have the discretion to find that the plaintiff bears part of the liability and Grandma Guo bears part of the liability for damages.