Workflow
劳务关系
icon
Search documents
护工骑手受伤谁买单 劳务关系赔偿有规则
Bei Jing Qing Nian Bao· 2025-08-04 00:22
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].
勤工俭学遭欠薪,维权用上民法典
Ren Min Wang· 2025-05-14 01:12
Group 1 - The case highlights the challenges faced by university students in securing their labor rights when engaging in part-time work, particularly due to a lack of legal knowledge and experience [1][2] - The local prosecutor's office intervened to facilitate a resolution between the student and the restaurant company, emphasizing the legal obligations of employers to pay for services rendered [2] - The resolution involved a mediation process that resulted in the restaurant company paying the owed wages to the student, demonstrating the effectiveness of legal support in labor disputes [2][3] Group 2 - The Civil Code provides a framework for labor relations, defining the rights and obligations of both labor providers and employers, which can be established through verbal or written contracts [3] - In this case, the existence of a verbal agreement between the student and the restaurant company constituted a labor relationship under the Civil Code, allowing for legal recourse to claim unpaid wages [3] - The case underscores the importance of legal protections for vulnerable groups, such as students, in the labor market, and the role of the prosecutor's office in upholding these rights [2][3]