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I don't think so, because in this case, we didn't sign an employment contract, and it was a mistake of our own, and the employer should not be compensated.
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Ms. Su (pseudonym) spent 99 yuan on a platform to buy a "3-hour door-to-door daily cleaning service" to clean up her home. Cleaning staff Cui (pseudonym) came to Ms. Su's house on time to start cleaning work, but unfortunately fell downstairs.
After the incident, Cui's family went to Ms. Su's house to make a big fuss, demanding that Ms. Su pay various compensation such as mental damages, and because the amount of compensation was not negotiated, Cui's family sued Ms. Su in court, demanding that Ms. Cui pay compensation totaling more than 70 yuan for death compensation and mental damages. So, should Ms. Su be compensated?
First of all, we need to determine what kind of legal relationship Ms. Su and Mr. Cui belong to, and there are two main views in judicial practice, employment relationship or contract relationship.
Employment contractsIt is a contract in which the employee provides labor services, the employer pays remuneration, and the subject matter of the labor services is provided; The employee is entitled to remuneration from the employer only if the employee provides the service in accordance with the employer's instructions, regardless of whether the service produces the result that the employer can expect.
Contracts of AcceptanceIt is a contract in which the contractor completes the work and delivers the work results according to the requirements of the contractor, and the contractor pays remuneration; The contractor shall independently complete the main work with its own equipment, technology and labor, and its subject matter is the work result.
The criteria for distinguishing and determining an employment contract from a contract of contract may be analyzed and judged by combining the following factors:
1. Whether there is a control, domination and subordination relationship between the parties;
2. Whether one party designates a workplace and provides labor tools or equipment;
3. Whether to pay labor remuneration regularly or settle labor remuneration in a lump sum;
4. Whether to continue to provide labor services or provide work results at one time.
If there is a relationship of control, domination and subordination between the parties, and one party designates a workplace, provides labor tools or equipment, and pays labor remuneration regularly and continuously for a limited period of time, it may be deemed to be employment, otherwise, it shall be deemed to be contracting. SoThe relationship between Ms. Su and Mr. Cui should be a contractual relationship.
According to Article 1193 of the Civil Code, if the contractor causes damage to a third party or its own damage in the process of completing the work, the contractor shall not bear tort liability. However, if the person making the order is at fault for the ordering, instruction or selection, it shall bear the corresponding responsibility.
In this incident, Cui, as a person with full capacity for civil conduct and has been engaged in cleaning work for many years, should have been fully aware of the possibility of danger when cleaning the exterior wall glass, but under the prevention of Ms. Su, Cui still insisted on standing on the window sill to clean the exterior wall glass, so Ms. Su did not need to bear any responsibility for this incident.
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I don't think they should be compensated, and since they were able to do this work, it means that they have thought of these things happening.
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The employer should be compensated, knowing that the other party was unprofessional at work, and let the other party do such a dangerous thing, should be held responsible, and should be compensated.
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With the gradual improvement of people's quality of life, many people will choose to hire a nanny to take care of their daily life, which is also a better phenomenon. But many nannies are prone to some accidents at home, and there will be a bad impact at this time. In the latest online platform, it was revealed that a nanny fell to her death while cleaning the window, and then the family chose to claim 800,000 yuan.
Therefore, many netizens also think that this behavior is very normal, and some netizens feel that the death of the nanny is really a pity. <>
The safety awareness of nannies is relatively weak, and there are many nannies who are very conscientious in the process of work, but they are also prone to some accidents, which is also related to the nanny's own safety. Some nannies don't have much sense of safety, so they will ignore some small details, which can easily lead to some harm to themselves. I hope that every nanny can take good care of herself, which is also a better phenomenon and thing, and can also let yourself have a better development, after all, the life of a nanny is also very important.
The harm of accidents is really a pity for this incident, and many people also feel that this nanny is really a pity. After all, he had some accidents during his work, and then the owner also needed to have a certain amount of compensation. In this way, the nanny's family can have a good psychological comfort, otherwise the nanny's family is also very sad, and then they will choose to find the owner for compensation.
HiI hope that every nanny can protect themselves well and try not to have these accidents, otherwise they will cause some harm to their lives. <>
I hope that every nanny can protect themselves well and try not to do these bad things. For this incident, many people are also very sorry for this nanny. After all, he had an accident while cleaning the windows, and then he also paid a certain price.
For such compensation, many people also think that it is a very normal behavior, after all, the life of the nanny is also a certain harm. I hope that every nanny can protect herself well and ensure her own safety when working.
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Claims are normal, but claims of 800,000 depend on normal legal channels. Because it is an employment relationship, after all, it was an accident at the employer's house.
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A: I think the employer should compensate the nanny's family. After all, the babysitter had an accident in the course of her work. This situation is also not something that anyone wants to happen. So it is normal to give a certain amount of compensation.
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In fact, everyone doesn't want to see such a thing, but the final responsibility is also the reason for the head of the household.
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I agree with this approach, the nanny is a waiter, and if there is an accident on the way to serve someone, the owner should be responsible.
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I think I should be compensated for this, because such an accident is a sudden, and as the head of the household, I should give some compensation.
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Personally, I think the amount of the claim is a little too high, although it is indeed what happened in his home, but I think it should be a little less.
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I think there should be compensation for this, because the nanny was at work and therefore the employer is liable.
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The 53-year-old woman fell from the 7th floor when cleaning the glass for the employer**** aroused everyone's attention and heated discussions, before the Chinese New Year, everyone will clean the home, so cleaning the glass is also one of the cleaning items, the 53-year-old woman died when cleaning the glass for the employer because she accidentally fell from the 7th floor, ** means that everyone must pay attention to safety when cleaning the glass, if there is no protective fence installed, it is best not to stand on a high place to wipe the glass, and the accident is still being processed, I think it's really sad to have such an accident, and everyone must pay attention to safety and protect themselves when doing anything.
It is understood that the incident happened in Yinchuan City, Ningxia Hui Autonomous Region, the 53-year-old woman usually follows her husband to do some decoration work, because this time has not received any decoration tasks, in order to increase family income The woman thought of doing housekeeping for others, on the day of the accident, the 53-year-old woman received a housekeeping task, which is to help the employer clean the house, did not expect to be injured when cleaning the glass, the 53-year-old woman wanted to return to get a rag after cleaning the glass, I didn't expect to slip and fall from the 7th floor and die, we said that money can never be earned, so everyone should still work under the premise of ensuring their own safety, and the family undoubtedly collapsed after learning the news.
Pay attention to safety precautions when cleaning glass
1. Cleaning the glass is a more dangerous behavior, so we must pay attention to safety measures when cleaning the glass, it is best to have two people when cleaning the glass, one person is cleaning the glass is the other person can ensure the safety of the other party, which can effectively avoid accidents.
2. Many buildings are not equipped with protective nets, so it is best not to wipe the glass when the danger factor is very high, or with the help of some professional tools to clean the glass, and do not stand by the window to wipe it, which is really dangerous.
3. Don't stretch your upper body out of the window, because it is easy to cause instability in the center of gravity, which you must not ignore, or have a certain sense of safety.
4. Don't put your feet on the windowsill, which can easily lead to slipping and causing tragedy.
I think there is a great danger in cleaning the window, so if you are not sure, either don't clean the glass, or ask a professional cleaner to deal with it, don't cause a tragedy because of such a trivial matter, so when cleaning the glass, everyone should improve the safety awareness in this regard, don't have a fluke mentality, especially some middle-aged and elderly people don't do these dangerous actions.
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The woman found that the towel was still outside after cleaning the glass, and when she went to get the towel, she fell to her death. **Further investigation is now ongoing, but the two sides have decided to negotiate privately after explaining the situation at the police station.
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**The matter has been verified, and the employer and the family of the fallen woman have also reached an agreement to settle it privately,**Reminder that at the end of the year, everyone must take safety precautions when cleaning.
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It is reported that the woman will be engaged in decoration work with her husband in normal times, because in recent days her husband has not received any private work, the woman can not be idle at home, so she is engaged in housekeeping services alone to earn some pocket money, on the day of the incident, the woman and the owner of the 7th floor of the community contacted to help the employer clean up the outdoor glass, and the glass has been cleaned, but the woman found that she forgot the towel for cleaning the glass outside the window, and when she crossed the window to take the towel, she accidentally fell to her death.
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**It means that such things must be avoided and vigilant, and we must be more careful and pay attention to safety when cleaning our homes during the Spring Festival.
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After calling the police, paramedics arrived at the scene, after which the person was declared lifeless and pronounced dead. It is reported that after the woman cleaned the glass at the employer's house, the towel was forgotten outside, and she accidentally stepped on the air and fell down when she took the hair.
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The woman found that the towel was scattered outside the window in the process of cleaning the glass, and in the process of picking up the towel, she accidentally fell downstairs and died, we must pay attention to our own safety.
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**Indicates that the family of the deceased has been notified, and further compensation is still under negotiation.
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** Indicates that the woman is too old to do this type of work and that both the employer and the employer should be held responsible.
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