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Domestic agencies have to bear some responsibility for this.
01. The nanny abused the 85-year-old man and argued that he was joking. Mr. Liu's (pseudonym) father is 85 years oldMr. Liu needs to work, and his father suffers from Alzheimer's disease and has difficulty in behavior, so he obviously has no time to take care of himMr. Liu found a nanny for his father, who was 56 years old, at a political agency.
The nanny is Zhang (pseudonym),Zhang has been in office since March 19Later, Mr. Liu found out that Zhang had abused his father, and immediately chose to report to the police. Mr. Liu went for a physical examinationThere were indeed multiple minor injuries on the body
The public prosecution found that Zhang had abused and beaten the person under care during his care, behaved heinously, and the evidence was sufficient, and he should bear criminal responsibility. At 14 o'clock on September 17, Zhang was brought to court, and although Zhang admitted his crime, he said that he did not intentionally beat the old man, and sometimes played with him
Those behaviors are just to help the old man "relax his muscles and invigorate his blood", and because the old man is heavier, sometimes he will inevitably use too much force when helping him. and also said that he was better to the elderly than the old people and children, and said that he planned to provide for him in his old age, and cried as he spoke.
02. Housekeeping intermediaries should bear some responsibilities. Because Mr. Liu has a camera installed in his home, it can be proved that what Zhang said is false, and it can be found from the surveillance video from May to June 20ZhangA certain often pulls the old man's ears, pumps his mouth, bites the old man's back, and beats the old man's abdomen.
For a number of other reasons, no verdict was pronounced in this case at the time. Personally, I think that domestic agencies should also take some responsibility for this matter, First of all, Mr. Liu found Zhang through a housekeeping agency, and he was also a person who belonged to the housekeeping platform at the time.
And Zhang's performance is obviously not a qualified nanny, the housekeeping platform should have some responsibilities. In fact, many such platforms in China, when they provide professional candidates to others, they themselves do not know whether that person's ability is competent.
Not to mention the aspect of moral character, in fact, nannies are relatively rare nowIn the case of Mr. Liu's father, many nannies are actually reluctant to do it, the elderly are inconvenient to move and have Alzheimer's, which is really not easy to take care of.
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The nanny abused the 85-year-old and argued that it was a joke, and the housekeeping agency was responsible for it, because the nanny had housekeeping training and was recommended by the housekeeping company, so the housekeeping company was responsible.
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To be responsible for this matter, the housekeeping agency should bear certain legal responsibility for introducing the nanny to others, and the nanny does something bad, indicating that the nanny has a problem with herself, and the housekeeping agency does not reasonably screen the nanny, and must be held responsible for this matter.
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Duan deliberately assaulted others, and criminal responsibility for intentional injury was investigated, and Duan was suspected of the crime of abusing the person under his care. Violation of the Criminal Code is punishable by imprisonment of up to three years or criminal detention. Duan X shall bear civil liability for compensation.
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This security guard is deliberately hurting people, which has a bad impact on people, and the impact is huge.
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This nanny is responsible for criminal law, she has beaten the old man a lot, and she also needs to compensate the old man for his medical expenses.
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Babysitters who abuse the elderly are subject to criminal liability as well as civil liability. The details are as follows:
1. Criminal liability. Where a nanny abuses the elderly, and the circumstances are heinous, he is to be sentenced to up to three years imprisonment or short-term detention. where a unit commits a crime, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with provisions;
2. The status of civil liability is clear. While pursuing the criminal liability of the nanny, the family of the elderly can also file for civil compensation.
Criminal Law of the People's Republic of China
Article 260-1 [Crime of Abuse of Persons under Guardianship or Care] Whoever abuses a person under guardianship or care of a minor, the elderly, a sick person, a disabled person, or other person with guardianship or care, and the circumstances are heinous, is to be sentenced to up to three years imprisonment or short-term detention.
Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph. Huai Zhao.
Where conduct in the first paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing.
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Where a nanny abuses an elderly person under care, and the circumstances are heinous, it constitutes the crime of abusing the guardian or caretaker, and the heinous circumstances are necessary to constitute this crime. Heinous circumstances, specifically referring to the abuse of the motive is despicable, the means **, or the long-term abuse of the guardian or caretaker, etc. Where, although the perpetrator has mistreated the person under guardianship or care, it is not heinous enough, and it has not caused serious harm to the physical and mental health of the person under guardianship or care, this crime is not constituted.
According to Article 260-1 of the Criminal Law, a person who has guardianship or care duties against a minor, the elderly, the sick, the disabled, or other persons who abuse the person under guardianship or care, and the circumstances are heinous, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention. Where a unit commits the crime in the preceding paragraph, the unit shall be fined, and the directly responsible managers and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Article 260-1 of the Criminal Law where a person with guardianship or care duties abuses a person under guardianship or care for minors, the elderly, the sick, the disabled, or so forth, and the circumstances are heinous, a sentence of up to three years imprisonment or short-term detention is to be given. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the managers and other directly responsible personnel who are directly responsible for the lack of responsibility are to be punished in accordance with the provisions of the preceding paragraph. Where there is conduct in the first paragraph that concurrently constitutes another crime, it is to be convicted and punished in accordance with the provisions on the heavier punishment.
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For the situation where the elderly are injured by the nanny, rights protection is very important. Here are some suggestions that may help you enforce your rights:
1.Gather evidence: Make sure you have enough evidence to support your claim. This can include a doctor's note,**, surveillance footage, etc. This evidence will help you prove to the relevant authorities and authorities that your rights have been violated.
2.Seek legal assistance: If you are not familiar with the legal process, you can seek professional legal assistance. Consult a lawyer who will assess your situation and provide you with legal advice.
3.Report the incident to the relevant authorities: Depending on your area, you can report the incident to ** or the relevant social security institution to inform them of your situation. They will investigate and take the necessary action to protect your rights.
5.Seek community support: Connect with others who have had similar experiences, share stories about your former servants, and seek their advice and support. The community can provide you with emotional support and practical help, while also increasing attention to your case.
Keep in mind that enforcing your rights is a complex process that requires patience and persistence. Make sure to maintain communication with the relevant authorities and parties, and keep track of the progress of your case. Most importantly, don't give up and firmly believe that justice will be done in the end! ️
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If the elderly are injured by the nanny, it is very important to protect the legitimate rights and interests of the elderly. Here are some suggestions:
2.Gathering evidence: It is very important to collect relevant evidence, including but not limited to, medical records, eyewitness testimony, etc. This evidence will help you to defend your rights in the future.
3.Seek legal assistance: Find an experienced lawyer, seek legal advice, and have a lawyer help you file a lawsuit. A lawyer will guide you on how to gather evidence, sue, seek compensation, etc.
5.Seeking civil compensation: According to the relevant legal provisions, you can file a civil lawsuit with the court to demand compensation for the loss of the elderly, including medical expenses, spiritual solace, etc. A lawyer will provide you with specific legal advice.
6.Consult with the community or related organizations: Contact the community or related organizations to inquire about similar cases or experience in defending the rights of the elderly. They can help you find resources and provide support.
The process of defending rights can be complicated and lengthy, but it is very important to ensure the rights and interests of the elderly. Be calm and patient, and seek professional legal advice to help you resolve the issue.
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If an elderly person is hurt by a nanny, here are some ways to defend their rights:
1.Call the police: If an elderly person has suffered physical harm or abuse, they should immediately call the local police station for an emergency** report. ** Will investigate and take appropriate action.
2.Seek medical help: If an elderly person needs medical help due to an injury, they should be taken to the nearest hospital immediately**.
Ensuring that the elderly receive timely and appropriate medical attention, as well as keeping relevant medical reports and records, will play an important role in the subsequent legal process.
3.Contact your community or social work agency: Inform your community or social work agency about the situation and seek their help and support. Community and social work agencies often have the resources and experience to provide appropriate assistance and advice.
4.Seek legal assistance: Contact your local legal aid agency or attorney for legal questions about elder protection, including personal injury, torts, and more. They can guide you through appropriate legal action, including suing the babysitter or seeking compensation.
5.Collect evidence: Gather all evidence related to the injury, including **, reports, testimonies, etc. This evidence can play a key role in the subsequent legal process.
The specific way to defend your rights is limited by the local legal system and resources, so it is best to consult with a legal agency or consulting agency that specializes in chiropractic reform for appropriate guidance.
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If an elderly person is hurt by a babysitter, here are some possible steps to defend their rights:
1.Emergency treatment: If an elderly person needs medical help in an emergency, they should seek medical assistance immediately to ensure their safety and health. At the same time, ensure that the daily life and basic needs of the elderly are met.
2.Gather Evidence: Gather any evidence related to the injury incident. This may include medical reports,**, eyewitness statements, and any other relevant documents. This evidence will play an important role in the subsequent legal proceedings.
3.Call the police: Report the incident to the local police and Shenfang, and provide a detailed description of the incident and evidence in their possession. **Investigations will be conducted and relevant information will be recorded. Make sure you keep your report number and contact information.
4.Seek legal assistance: Contact a lawyer or legal aid agency to consult about legal measures and steps to take to defend your rights. They can provide you with specific legal advice and support in the process of enforcing your rights.
5.Report the injury to the relevant authority: If the injury involves a nanny's professional qualifications or licenses, you can report the incident to the relevant agency or department, such as a babysitting service, community management agency, or labour inspectorate.
This will help to investigate the babysitter's behaviour and may lead to appropriate disciplinary action.
6.Civil lawsuits: Depending on local law, you may have the right to file a civil lawsuit for damages. Discuss with a lawyer if there are viable avenues for civil claims and take legal action if necessary.
Throughout the rights enforcement process, it is key to maintain good communication with relevant institutions, lawyers, and other relevant parties. Keep in mind that the legal process can be a long and complex process that requires patience and persistence.
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If the elderly person is injured by a nanny, the employer can exercise the right of recourse. According to Article 1192 of the Civil Code of the People's Republic of China, 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 liability for the tort. 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 nanny's actions are intentional or grossly negligent, the employer can recover from the nanny. At the same time, if the nanny's behavior constitutes a crime, the elderly or their family members can also report the case to the public security organ and request that the nanny be investigated for criminal responsibility.
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Summary. Hello, the old man beats the nanny, and the public security organ should file a case for investigation. The way to deal with the beating of the elderly is:
1. Assaulting others is to be detained for between 5 and 10 days and fined between 200 and 500 RMB, and where the circumstances are more minor, up to 5 days of detention or a fine of up to 500 RMB; 2. Whoever assaults another person causing him or her to suffer minor injuries or more shall constitute the crime of intentional injury and shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.
Hello, it's a pleasure to serve you. I am a partner and am good at administrative, civil, criminal and contract law. I've seen your question, and I'm sorting out a reply to you, which will take about five minutes.
Hello, according to your description, it is not legal for the elderly to beat the nanny, and the elderly cannot be beaten by others. If an elderly person beats another person with a slight injury, he can also be punished in accordance with the "Public Security Administration Punishment Law", and if it constitutes a minor injury, he must be investigated for criminal responsibility.
I am a live-in nanny, when I first interviewed and only said that I had to take care of the elderly and cook, but after I went to the house, the elderly often beat and abused people, but the elderly and children didn't care.
Hello, the old man beats the nanny, and the public security organ should file a case for investigation. The methods for dealing with beating an elderly person are: 1. Assaulting others shall be detained for not less than 5 days but not more than 10 days, and a fine of not less than 200 yuan but not more than 500 yuan, and where the circumstances are more minor, detention of up to 5 days or a fine of not more than 500 yuan; 2. Whoever assaults another person causing him or her to suffer minor injuries or more shall constitute the crime of intentional injury and shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.
Hello, the old man beating the nanny is illegal, if the circumstances are minor, it is recommended that the two parties negotiate it, if the circumstances are serious, it is recommended to call the police, through the intervention of the police, in accordance with the "Public Security Administration Punishment Law" to punish it.
Today, after a month, I said I couldn't do it, but the old man's family wouldn't let me go, and they wouldn't give me a salary.
Hello, if this situation cannot be negotiated, it is recommended to call the police and solve it through legal means.
The old man's family said that they had signed a contract with the company for half a year and would not let me go, but I didn't sign any contract.
Hello, if the old man is beaten, you can terminate the contract, you can report to the local labor bureau and apply for labor arbitration to terminate the contract.
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