"Why did I compensate you, I paid for him to work, and besides, he was hit by a loader, what does it have to do with me." The defendant said angrily.
You are the employer, and Tu is working according to your arrangement, so it's none of your business." Plaintiff Ha retorted while crying.
This is the scene of the trial of the Yuepuhu County People's Court in the trial of a dispute over the liability of a labor service provider.
Basic facts of the case
The deceased, Tu, was a worker in an agricultural development and planting cooperative in Yuepuhu County before his death. On January 5, 2021, according to the arrangement of the cooperative's boss A, Tu loaded the truck with cotton, and in the process, he was collided by the loader loaded with cotton, causing Tu to fall from the car and died after rescue. The wife of the deceased Tu sued A to the Yuepuhu County People's Court on the matter of compensation.
Verdict
After trial, the court held that the personal rights of citizens are protected by law. The relationship between the plaintiff Ha's husband Tu and the defendant A is an employment relationship, and in the course of Tu's work, he was seriously injured and died due to the collision and fall of the loader loaded with cotton, and the two parties have no objection to the above facts, so the fact that the labor contract relationship was formed between the plaintiff Ha's husband Tu and the defendant A is confirmed. In this case, A, as the employer, failed to fulfill the safety guarantee obligation in the process of providing labor services to the other party, nor did he provide the necessary safety measures to the employee, so as to provide corresponding safety reminders, and should bear part of the fault for Tu's losses. At the same time, as a person with full capacity for civil conduct, Tu did not fully fulfill his duty of care for safety when providing labor services, and he was also at fault and should also bear certain responsibility. To sum up, the Yuepuhu County People's Court ruled that the owner of the cooperative, A, should compensate the relatives of the deceased Tu 121469$6.
Links to legal provisions
Article 1192 of the Civil Code of the People's Republic of China stipulates that if a labor relationship is formed between individuals, and 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. After the party receiving the service bears tort liability, it may recover compensation from the party providing the service intentionally or with gross negligence. If the party providing the service suffers damage due to the service, it shall bear the corresponding liability according to the fault of both parties. During the period of providing labor services, if the act of a third party causes damage to the party providing labor services, the party providing labor services 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 compensate. After receiving compensation from the labor party, it may seek compensation from a third party. (Author: Song Yulong).