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1. The driver hired by the family rides a battery car to work and encounters someone on the way to work, and the boss is jointly and severally liable (civil).
2. Joint and several liability is an important civil liability system in China's civil legislation, the purpose of which is to compensate for relief, increase the legal liability of the parties to the civil legal relationship, and effectively protect the legitimate rights and interests of creditors. Joint and several liability is mainly based on contractual relationships such as partnerships, guarantees, joint ventures, and contracts, and the relationship between superiors and subordinates, so they are scattered in the General Principles of the Civil Law, the Contract Law, the Guarantee Law and other laws and regulations as well as relevant judicial interpretations. At present, few people in the legal circles have been involved in in-depth and systematic research on the issue of joint and several liability.
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If it is a traffic accident for which the employee is not responsible, the employer shall be jointly and severally liable for the injury of the employee. If someone else is injured, it depends on whether they are at work.
Article 9 Where an employee causes injury to a person in the course of employment activities, the employer shall be liable for compensation; If an employee causes damage to another person intentionally or through gross negligence, he shall be jointly and severally liable with the employer for compensation. If the employer bears joint and several liability for compensation, it may recover compensation from the employee.
Article 11 Where an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation. 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 those that fall within the scope of labor relations and work-related injury insurance regulated by the Regulations on Work-related Injury Insurance.
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Legal analysis: 1. The company is not liable for compensation. 2. If an employee is injured by riding an electric vehicle on the way off work, he or she shall bear the main responsibility, which cannot be recognized as a work-related injury, and the employer shall be liable for the injury not caused by work. The individual employee shall be liable for compensation to the person who was hit.
Legal basis: Article 14 of the Regulations on Work-related Injury Insurance Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) he or she is injured in an accident due to work-related reasons during working hours and in the workplace; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit passenger ferry or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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Summary. Kiss, the boss is responsible for the worker riding a bicycle on the way to work and injuring someone. If an employee commits to and from work and is recognized as a work-related injury, three conditions must be met at the same time, namely, a reasonable time, a reasonable route, and non-personal primary responsibility, all of which are indispensable.
If an employee is injured while riding a bicycle on the way to work, he or she should bear the main responsibility and does not meet the conditions for recognition of work-related injury, so it cannot be recognized as a work-related injury.
On the way to work, riding an electric car and colliding with a car, the private boss is responsible?
Kiss, the boss is responsible for the worker riding a bicycle on the way to work and injuring someone. If an employee commits to and from work and is recognized as a work-related injury, three conditions must be met at the same time, namely, reasonable time, reasonable route, and non-personal responsibility. An employee who falls on a bicycle on the way to work and is injured because he or she should bear the main responsibility and does not meet the conditions for recognition as a work-related injury, and cannot be recognized as a work-related injury.
Qinqin, *** Social Insurance Administrative Stool Potato Tong Department is responsible for the national work-related injury insurance work. The local people's social insurance administrative departments at or above the county level shall be responsible for the work-related injury insurance work within their respective administrative areas. Article 7 Work-related injury insurance** shall be composed of work-related injury insurance premiums paid by the employer, interest on work-related injury insurance** and other funds included in work-related injury insurance** in accordance with law.
Article 10 The employer shall pay the insurance premiums for work-related injuries on time. The amount of work-related injury insurance premiums paid by an employer is the product of the total wages of its employees multiplied by the employer's contribution rate. For industries that are difficult to pay work-related injury insurance premiums according to the total salary, the specific way of paying work-related injury insurance premiums shall be prescribed by the social insurance administrative department.
Article 11 Work-related injury insurance** shall be gradually implemented at the provincial level. Industries that cross regions and have greater production mobility can participate in work-related injury insurance in the overall region in a relatively centralized manner.
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Summary. According to Chinese laws and judicial interpretations, the employer is responsible for the employee's practice of causing damage to others in the performance of his duties, and the employer and the employee are jointly and severally liable if the employee has the intention. Therefore, the employer should be civilly liable for the death of another person caused by an employee's traffic accident at work, i.e., the duty of compensation.
If criminal liability is to be borne according to the circumstances, the master is personally responsible. According to Article 9 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 if an employee causes injury to another person in the course of employment activities; If an employee causes damage due to intentional or gross negligence, he or she shall be jointly and severally liable with the employer for compensation.
If the employer bears joint and several liability, it can recover compensation from the employee.
The boss hires a worker to ride an electric car to deliver goods, and the worker hits a child while delivering the goods, what responsibility should the boss bear.
Hello, I am a cooperative lawyer of LegalPro platform, and I am happy to serve you.
Hello. If an employee causes others to be harmed by the accident in the course of employment activities, the employer shall bear the responsibility for compensation, and the employee shall be jointly and severally liable with the employer if the employee is intentionally and seriously at fault.
In the process of delivering milk to the boss, the child in the community ran over and bumped into each other, and the child's lower leg was broken, what kind of responsibility does the boss need to pay?
If it is an accident that occurs at work, if the employee is fully responsible, then the employer or employer bears full liability for compensation.
Not full responsibility. We account for 70% of the responsibility.
If you account for 7% of the responsibility, the boss generally has to bear the liability for compensation, if it is indeed because of the employee's deliberate or major lack of Laqing Poor Demolition caused by such a situation of the situation, you can recover from the employee after compensation.
There is no contract for milk delivery, only a record of payroll transactions.
I'm an employee. If you don't have a contract, only a payroll record, you can prove that you are an employee of the company.
If an employee causes injury to another person in the course of employment activities, the employer shall be liable for compensation; If an employee causes damage to another person due to his or her negligence or gross negligence, he shall be jointly and severally liable for compensation with the employer. If the employer bears joint and several liability for compensation, it may recover compensation from the employee. ”
According to Chinese laws and judicial interpretations, the employer is responsible for the employee's practice of causing damage to others in the performance of his duties, and the employer and the employee are jointly and severally liable if the employee has the intention. Therefore, the employer should be civilly liable for the death of another person caused by an employee's traffic accident at work, i.e., the duty of compensation. If the criminal liability of Hengyan is to be borne according to the circumstances, the master is personally responsible.
According to Article 9 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 if an employee causes injury to another person in the course of employment activities; If an employee causes damage to another person intentionally or through gross negligence, he or she shall be jointly and severally liable with the employer to compensate the employee. If the employer bears joint and several liability, it can recover compensation from the employee.
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Summary. Dear, I'm glad to answer for you: it's your own business to hit someone, the boss asks you to go to work in advance, you are hit by someone else, the boss is responsible, you hit someone else's own problem, the boss is not responsible, not when you hit someone, the boss keeps hitting you, causing you to hit someone, the private boss tells the employee to go to work in advance, the employee rides a tram and hits someone on the way, is the boss responsible?
Dear, I'm glad to answer for you: it's your own business to hit someone, the boss asks you to go to work in advance, talk about the boss who is hit by someone else and has to be held responsible, you yourself hit someone else's own problem The boss is not responsible, not when you hit someone, the boss keeps hitting you **, causing you to hit someone's roll, bumping into someone during work, the company is not responsible in principle. This is because it does not belong to the staff of the employer who causes damage to others due to the performance of work tasks.
According to the relevant laws and regulations, if you are hit in the regular route of the scumbag class, it is a work-related injury. ”
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[Determination of work-related injury].
Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
(5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident;
(6) Being injured in a traffic accident or an urban rail transit passenger ferry or train accident for which they are not primarily responsible while commuting to or from work;
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The company should compensate in full. Including the medical expenses and nutrition expenses of the elderly, the lost work expenses of the elderly's family members to take care of the elderly, and the salary expenses of hiring others to take care of the elderly.
According to Article 34 of the Tort Liability Law of the People's Republic of China, "if a staff member of an employer causes damage to others due to the performance of work tasks, the employer shall bear the tort liability." During the period of labor dispatch, if the dispatched staff member causes damage to others due to the performance of work tasks, the employing unit accepting the labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear the corresponding supplementary liability.
Article 35: "Where a labor service 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 tort liability. If the party providing the service suffers damage due to the service, it shall bear the corresponding responsibility according to the fault of both parties. ”
Judging from the above two items, in any case, the bearer of responsibility is the employer or individual (boss).
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According to Article 9 of the Judicial Interpretation on Compensation for Personal Injury, if an employee causes injury to another person in the course of employment activities, the employer shall be liable for compensation; If an employee causes damage to a person due to his or her intention or gross negligence, he shall be jointly and severally liable with the employer for compensation. If the employer bears joint and several liability for compensation, it may recover compensation from the employee.
Therefore, if the driver is intentional or grossly negligent, the ultimate liability for the compensation lies with the driver, but the employer cannot deduct wages.
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