With the development of social economy and the diversification of family structures, more and more families choose to hire individual live-in nannies to take care of family members or take care of household chores. However, in the case of an accidental fall on the way to and from work of an individual who does not live at home, the issue of attribution of responsibility often becomes the focus of controversy. This article will focus on the attribution of responsibility for injuries caused by personal non-living nannies on the way to and from work, and analyze the relevant laws and regulations.
1. The legal status of an individual who does not live at home.
A live-in nanny is a person who provides domestic services to an employer in an individual capacity and not as a member of the employer's family. According to the relevant laws and regulations of China, the relationship between an individual live-in nanny and the employer is a civil contract relationship, not an employment relationship. Therefore, individual live-in nannies are not entitled to the protection of workers' rights and interests under the labor law.
2. Responsibility for an individual's fall injury on the way to and from work for a nanny who does not live at home.
According to the provisions of the Civil Code of the People's Republic of China, the personal live-in nanny shall be liable for accidental injuries caused by her own reasons, such as falling and falling ill, in the process of performing the service contract between the individual and the employer. However, if an individual does not live at home and accidentally falls and injures herself on their way to and from work, the situation is more complicated.
1.Employer's Responsibilities.
In the case of an individual who does not live at home nanny falls and is injured on the way to and from work, if the fall is caused by the employer's reasons, such as problems with the transportation arranged by the employer, poor accommodation provided by the employer, etc., the employer shall be liable for the corresponding compensation.
2.Personal live-in nanny responsibilities.
If the cause of the fall and injury of the individual live-in nanny on the way to and from work is caused by her own negligence, negligence or violation of traffic rules, then the individual live-in nanny shall be held responsible.
3.Liability of Third Parties.
If the personal live-home nanny falls and is injured on the way to and from work due to a third party, such as the other party's vehicle in a traffic accident, road construction, etc., the third party shall bear the corresponding liability for compensation.
3. Recommended measures.
In order to avoid the occurrence of personal falls and injuries on the way to and from work of the nanny, it is recommended to take the following measures:
1.The employer should sign an employment contract with the nanny to clarify the relevant responsibilities.
2.Individuals who do not live at home should pay attention to their own safety, abide by traffic rules and relevant laws and regulations, and avoid accidents.
3.* The supervision of the individual live-in nanny industry should be strengthened, and more perfect laws, regulations and normative standards should be formulated to protect the basic rights and interests of individual live-in nannies.
4.Establish a corresponding insurance system to provide necessary protection for individual live-in nannies and reduce the economic risk caused by accidental injuries.
In short, the attribution of responsibility for an individual's fall injury on the way to and from work needs to be analyzed on a case-by-case basis. Employers, live-in nannies and third parties are all liable. In order to protect the rights and interests of all parties, it is recommended to take corresponding measures to strengthen management and supervision, and establish a sound insurance system.