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The country builds a house to the farmer it is a happy great event, hope to be able to move bridal chamber smoothly in safety. But occasionally the life is met not so flexibly, when if be in,building a house, the worker appears to get hurt accidentally, for this pair of house-owner, be very headaching thing, appear even occasionally big compensation, the house is have to shutdown. Is this responsibility of house-owner completely? By who should be assumed?
Who comes to responsibility assume? A few kinds of 2 circumstances discuss under cent:
① room chief commander builds room whole process to hire a labor contractor
If house-owner chose to have corresponding aptitude or the labor contractor of safe production condition, the worker of labor contractor employ appears accident, responsibility person is a labor contractor. Theoretic householder is to need not be compensated for, but stem from humanitarian, householder often can undertake to its visit or a few compensation.
But if the labor contractor does not have relevant aptitude or safe production condition, responsibility person is householder and labor contractor. Two are assumed together. So proposal farmer friend must notice in the process that build a house whether the labor contractor has corresponding aptitude and safe production requirement.
② builds a house help with farm work is asked in the process, occurrence accident of help with farm work
If be house-owner is in,all of the process that build a house is the help with farm work of own employ, below this kind of circumstance, house-owner is become accept service one party. Occurrence accident of help with farm work, normally person of the responsibility below the circumstance is householder.
If be to hire a labor contractor partly, and house-owner employ help with farm work. If cause help with farm work to get hurt because of the worker of labor contractor one party, responsibility person is labor contractor one party; If get hurt,reason and personnel of labor contractor one party have nothing to do, because safe problem gets hurt, responsibility person is householder and labor contractor; If cause help with farm work to get hurt because of other help with farm work, responsibility person is house-owner.
Different situation still has a lot of, end product is different also. But the labor contractor that chooses to have aptitude for centre of gravity with safety in the process that build a house always does not have a fault, it is to can take new home smoothly in safety.
Legal basis:
" law of liability of tort of People's Republic of China " the 35th regulation " the service is formed to concern between the individual, provide service one party (worker) cause other to damage because of the service, by accept service one party (labor contractor) assume tort responsibility. By accept service one party (labor contractor) assume tort responsibility..
" < of top people court about trying applicable law of person damages case the explanation of a certain number of problems > " eleventh: Employee is damaged because of sufferring person in undertaking service activity, the employer that the person that send a package, person that distribute a packet knows or ought to know to accept hair bag to perhaps separate packet of business does not have corresponding aptitude or of safe production condition, ought to assume implicative liability to pay compensation with employer.
