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First of all, A's unauthorized subcontracting of the project is a breach of contract, in fact, it is a voidable contract at this time, but later you pay wages to B, which belongs to the default subcontracting of A, that is, the acquiescence of the subcontract, and there is no objection to the subcontracting of A, so you are implementing the terms of the contract with B, so the subcontract is valid.
According to Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the employer shall be liable for compensation for personal injuries suffered by an employee in the course of employment activities. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation. After the employer assumes the liability for compensation, it can recover from a third party.
If an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows or should know that the employer receiving the contract or subcontract business does not have the corresponding qualifications or conditions for safe production, it shall be jointly and severally liable with the employer for compensation.
The provisions of this article do not apply to the scope of labor relations and work-related injury insurance regulated by the Regulations on Work-related Injury Insurance.
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It is best to ask a lawyer to intervene for specific problems. Judging from what you said, your family is not responsible.
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Sue the success, it is better to be private. Because you're contracting the project to a foreman. Of course, you can also be the plaintiff and sue Foreman A to push out the responsibility, Foreman A has breached the contract by subcontracting the project without your consent, just seize this point.
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Summary. Article 1192 of the Civil Code stipulates that if a labor relationship is formed between individuals, and the party providing the service causes damage to others due to the service, the party receiving the service shall bear 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.
Article 1192 of the Civil Code stipulates that if a labor relationship is formed between individuals, and the party providing the labor service is instructed to cause damage to others due to the labor service, the party receiving the service shall bear 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 party sending labor, it may seek compensation from a third party.
If you fail to provide adequate safety safeguards and cause injury to a worker, you shall be liable for 60% of the worker's loss.
In the case of the danger of the passage of Gongsong Yinren, he remained cautious and cautious, and also had a certain responsibility for the occurrence of the accident, and should bear 40% of the responsibility for his own losses.
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Legal Analysis: The contractor is liable.
If the construction unit contracts the project to an organization or natural person that does not have the qualifications of the employing entity, the employer with the qualifications of the employing entity shall bear the responsibility of the employing entity for the laborers recruited by the organization or natural person. If an employer implements contracted operations, and the contractor who uses the workers does not have the qualifications of the employer, the employer with the qualifications of the employer shall bear the liability for work-related injury insurance. In the event of a work-related accident in an illegally contracted construction project, the subcontractor or the contractor shall bear the benefits of the injured worker's slag.
Legal basis: Interpretation on Several Issues Concerning the Trial of Personal Injury Compensation Cases Article 11 Where an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows that the employer who is receiving the contract or subcontract business does not have the corresponding qualifications or the conditions for dismantling the work safety, it shall be jointly and severally liable with the employer for compensation. That is to say, if the subcontractor has the corresponding qualifications, the liability for compensation shall be borne by the subcontractor, and if the subcontractor does not have the corresponding qualifications, then the general contractor shall be jointly and severally liable with the subcontractor.
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It is advisable to make the problem clearer. Is it a self-built house in the countryside?
If so, there are at least two situations: first, the helper's behavior, and second, the contracting relationship.
I'll give you the most authoritative answer, I don't know what region you are. If you are in Anyang, you can handle the matter in accordance with this regulation.
In order to improve the quality of the trial of personal injury compensation cases that occur in the course of rural housing construction, and to unify the application of law, 1. These Measures apply to personal injury compensation cases that occur in the course of rural residents' self-built low-rise residences. The term "low-rise residential buildings built by rural residents" in these measures generally refers to residential buildings with less than two floors (including two floors).
2. In the process of undertaking the construction of low-rise residential buildings for rural residents, the contract concluded between the homeowner and the builder is generally not a construction contract.
In principle, the validity of the above-mentioned contract shall not be deemed invalid because the builder does not possess the corresponding qualifications, except as otherwise provided by laws and regulations.
3. The legal relationship between the constructor, the independent contractor and the homeowner shall be determined in accordance with the following legal relationships:
1) If the constructor undertakes the construction of a low-rise residential building in the form of contracting labor but not materials, if the constructor is an independent contractor, the relationship between the homeowner and the constructor is generally determined to be a contracting relationship; If the contractor is not an independent contractor, the relationship between the landlord and the contractor is generally considered to be an employment relationship.
2) The homeowner pays the builder on a daily or workload basis, and the homeowner has acts such as commanding, arranging, supervising and managing in the process of building the house, and the relationship between the homeowner and the builder is generally recognized as an employment relationship; In the process of building a house, the homeowner does not have the acts of command, arrangement, supervision and management, etc., and the relationship between the homeowner and the builder is generally determined to be a contract relationship.
3) The construction project is undertaken by an independent contractor without the consent of other members, and the remuneration is paid by the independent contractor, and the relationship between the independent contractor and other members is generally recognized as an employment relationship.
4) The construction personnel jointly decide and work together, and the remuneration is distributed according to the type of work and the amount of work, and the construction personnel are generally recognized as a partnership.
5) The construction personnel are convened or introduced by others, and the convener or introducer and the construction personnel are paid equally for the same work, and the remuneration is paid directly by the homeowner, and the relationship between the homeowner and the builder is generally recognized as an employment relationship.
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If it can be proved that it is a processing contract, the homeowner is not liable. But the contractor must not have the qualifications to build a house, so the homeowner is at fault and must bear the corresponding responsibility, but it should be lighter than the contractor.
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1. The contractor bears the liability for compensation.
2. If the homeowner is at fault (for example, the contractor does not have the qualification to build a house), the homeowner shall be jointly and severally liable for the compensation of the contractor.
3. Whether you have a contract with the contractor or not, it has little to do with it, there is an employment relationship between the injured person and the contractor, and there is no employment relationship with the landlord.
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Labor relations contract foreman and worker matters.
But what happens to your house, you don't feel it in your heart, humanly, morally, financially, it must be comforting.
Unless the injury is related to the facilities you have provided, and you have been negligent.
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Explanation: bai
1. First of all, your friend.
du with the owner of the house is a construction contractor.
The friend and the person who helped him have an employment relationship, the friend is the employer, and the other person is the employee.
2. I estimate that your friend is not qualified to build a house, so the owner of the house should be jointly and severally liable for compensation for personal injury caused by safety accidents.
3. According to the following:
According to the second paragraph of Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, if an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows or should know that the employer receiving the contract or subcontract business does not have the corresponding qualifications or conditions for safe production, it shall be jointly and severally liable with the employer for compensation. It can be seen that if the employer should have possessed but did not have the corresponding qualifications or safety conditions, the builder should be jointly and severally liable for the negligence of selection, and vice versa, the builder is not liable.
4. Your friend really can't take out the money, and the owner of the house should take the money.
5. If your friend has the qualification to build a house, the builder does not need to be liable.
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I basically feel that there is no problem with the court's decision, and the three doubts you mentioned basically have a legal basis.