Core Viewpoint - The article discusses the legal implications and responsibilities in labor and service relationships, highlighting the differences in liability and compensation in cases of injury during work, particularly in informal labor arrangements [12][13]. Group 1: Labor and Service Relationships - Labor relationships are governed by strict regulations under labor laws, while service relationships are more flexible and based on civil agreements, suitable for temporary or non-core work [1][12]. - Service relationships often lack formal contracts, leading to potential disputes over responsibilities and compensation in case of injuries [13]. Group 2: Case Studies - Case 1: A caregiver at a nursing home was awarded compensation after slipping on a wet floor, with the nursing home held 90% responsible due to inadequate safety measures [2][3]. - Case 2: A demolition worker fell from a ladder and was found 70% responsible for his injuries due to lack of safety equipment, while the employer was held 30% responsible for not providing safety measures [5][7]. - Case 3: An online food delivery rider sustained injuries during delivery and was awarded compensation, with the platform company held 50% responsible for not ensuring adequate safety measures [9][10]. Group 3: Legal Responsibilities - Both parties in a service relationship have a duty of care regarding safety, with the service provider expected to ensure a safe working environment and the labor provider responsible for their own safety [3][7]. - The court emphasizes the importance of written agreements in service relationships to clarify responsibilities and reduce disputes [13].

"谢谢检察官，我已经收到了劳务费。"近日，大学生小陈（化名）出现在上海市金山区检察院的接 待室里，向检察官分享自己收到被拖欠的劳务报酬的好消息。 19岁的小陈是一名在读大学生，由于家庭经济困难，便想利用假期勤工俭学，前往某餐饮公司应聘 服务员。 "我们公司做五休二，每天上午10点开工……"看到对方开出的薪资待遇，小陈很快便答应了，双方 达成口头约定。假期结束后，出于个人原因，小陈向公司提出了离职的想法，但餐饮公司以小陈工作不 足月为由，拒绝支付劳务报酬。 小陈瞬间慌了神，多次索要无果后，便来到劳动仲裁部门反映情况。劳动仲裁部门以无权管辖为 由，未受理小陈的案件。 来源：检察日报 为推动矛盾实质性化解，减少当事人的诉累，检察官在进一步查清事实、核实证据的同时，加强对 双方的释法说理工作。检察官一方面向餐饮公司相关负责人阐明需要支付小陈报酬的法律依据，以及不 支付报酬需要承担的民事责任；另一方面安抚小陈的低落心情，并在此基础上积极促成双方和解。 今年4月底，经金山区检察院主持调解，小陈与餐饮公司达成和解协议，由该公司向小陈支付相应 报酬。和解协议达成后，该公司即时履行。 检察官跟进回访了解到，目前小陈被拖欠的劳务 ...