Case sharing.
Most of the self-built houses in rural areas are built by workers in the countryside, and they are paid one day's wages for one day's work, and most of them do not sign a written contract. So the question arises, in the event of an accident during construction, who will bear their losses? The court held that the party receiving the service and the party providing the service should bear the corresponding liability according to the respective faults of both parties.
Zhao is a carpenter and originally worked with Sun. A month or two later, Sun's project was completed, and no other projects were received. At this time, Li happened to contract the basement construction of a certain household, and contacted Sun to help find a carpenter, and Sun recommended Zhao to him.
One day, Zhao slipped and fell during the construction of the basement. Zhao believes that Sun is the employer who arranged for him to go out to work, and Li is the contractor of the accident project, so he should be compensated. He then sued Sun and Li to the court, demanding joint and several liability.
Before the trial, Zhao communicated with Sun about compensation. Zhao said: "It was Boss Sun who introduced and arranged for me to work, and you are responsible for this matter." ”
Sun insisted that he was not Zhao's employer, he was only an introducer, and Zhao did some work for Li, and the salary was also settled by them themselves, and had nothing to do with him.
After trial, the court held that in the absence of a written contract, a comprehensive decision should be made based on factors such as who the employee provides labor services for, who controls, directs and supervises the employee in the process of providing labor services, and who pays the labor remuneration. In this case, because Zhao failed to adduce evidence to distinguish between Sun's arrangement and introduction, it could not be determined that Sun and Zhao had established an employment relationship. However, when Zhao was carrying out construction in the basement contracted by Li, it was true that he was injured due to the provision of labor services, and Li was summoned by the court and refused to appear in court without a legitimate reason, giving up the right to defend Zhao's litigation claim and cross-examine the evidence, and the adverse consequences were borne by him, and from the perspective of equitable interests, Li, as the party receiving the labor services, should bear the corresponding liability for compensation.
So, can Zhao get all the compensation? On the one hand, Li, as the party receiving labor services, has the obligation of safety attention and labor protection to Zhao. Li's construction site lacked protective measures, and Zhao was not reminded of safety education, so Li was at fault. On the other hand, Zhao, as a person with full capacity for civil conduct, should have fulfilled the duty of safety care during the construction of the climbing, and he was also at fault for the occurrence of the damage consequences. Based on the degree of fault of both parties, Li bears 50% of the compensation liability, and Zhao bears 50% of his own liability.
Lawyer's Statement] Labor relationship refers to the relationship of rights and obligations between the party providing labor services and the party receiving labor services within a certain or unspecified period of time, according to the command and arrangement of the party receiving labor services, and the party receiving labor services will pay remuneration.
If a labor relationship is formed between individuals, and the party providing the labor service suffers damage due to the labor service, it shall bear the corresponding liability according to the fault of both parties. The legal basis is Article 1192 of the Civil Code.