Information on maintenance of air conditioning. Imagination
Yuan went to sichuan to carry out air conditioner maintenance at a hotel in sumiyang, and in the middle received the corresponding maintenance costs paid by the hotel manager through a letter transfer. An accident occurred on the 22nd day of the maintenance operation。
When he returned from outside dinner to his room to repair the air conditioner, yuan was able to unplug the power, but returned to the room, where he found himself hanging outside the window and died after being rescued. According to a judicial opinion, xiao yuan died as a result of electroshock (shock, death) and asphyxiation through a combination of the thongs。
After the incident, yuan's parents filed a complaint with the court on the basis of an employment relationship between the two parties, requesting compensation for death compensation, maintenance for dependants, etc. Totalling over 1. 3 million yuan. During the hearing, the hotel party argued that the parties were engaged and that the hotel should not be held liable. On 17 july, red star journalists were informed by the sichuan city court of maeyang city that, after first and second instance, the court had confirmed that the parties were engaged in the relationship, but that the hotel party had a responsibility for the fault of choice and for the fault of instruction, with a 60 per cent share of responsibility. At the same time, xiao yuan's parents failed to provide evidence of incapacity and lack of other means of subsistence, and therefore the dependants ' maintenance was not supported. Accordingly, the court ordered the hotel to pay compensation of over $550,000。
Air conditioner failure
The power's off and the hotel's connected
Air conditioner repairer died outside the window
On 6 august 2022, following a telephone communication between yuan and li, head of a hotel in myeongyang, he went to the hotel for air conditioner maintenance until 28 august 2022。
During the maintenance of the air conditioners, yuan worked with his companion “teacher kang”. On 6 august 2022, li transferred $1890 to xiao yuan wei letters, $1,800 to wei letters on 7 august, $1690 to wei letters on 17 august and $3,000 on 19 august. As a result of the work done on 27 august, yuan asked a small worker to work with him to repair the air conditioners for the hotel because of problems at his home。
Unfortunately, on 28 august 2022, at about 11 a. M., the hotel guest responded to room air conditioner failure at the hotel reception, where he requested xiao yuan to travel to repair the air conditioner. On entering the room, yuan arrived alone and indicated that the guests in the room had removed the ac power. The guests immediately turned off the power and left the room for dinner. Shortly after, the guests returned to their rooms and reconnected to the ac power source because of the heat. At around 1300 hours on the same day, the guests of the room found yuan hanging outside the window. After the rescue, yuan was declared dead on the spot。
After a judicial examination, yuan died as a result of electroshock (concussion, death) and asphyxiation with the breast of the ropes。
Focus of the controversy
Air-conditioning maintenance and hotel services
Is it contractual or employment
Following the accidental death of xiao yuan, his parents and the hotel had failed to reach an agreement on compensation, and had then filed a case against him before the city court of namyang. Yuan had put forward the idea that xiao yuan had an employment relationship with the hotel before his life。
During the hearing, the hotel party argued that yuan had a contractual relationship with the hotel, not an employment relationship, and that the hotel had no fault in performing the contract and should not be held liable for electrocution while repairing the air conditioner。
After a hearing with the city people's court, it was concluded that yuan was driving the tricycle on her own and carrying equipment such as ropes, fluorinated tanks, wrenchers and electric tools to the hotel to repair the air conditioners, that fees were charged in accordance with the ease and quantity of the malfunctioned air conditioners, and that, after receiving the daily work, the maintenance costs received varied from one thousand to another, and that he assigned his tasks to his own staff. At the same time, yuan works on a daily basis, according to the circumstances, freely and without regular working hours. Accordingly, the court found that the case met the characteristics of the relationship of carrying out the work and delivering the results of the work for remuneration, as required by the author。
The court of second instance held that the employment relationship referred to the performance by an employee of a production business or other labour activity authorized or directed by the employer. The employment relationship involves a wide range of matters, including productive and other labour activities, with a lower activity skill level, with employees paying mainly for labour. The carry-on relationship is the completion of the work, the delivery of the results and the award of a paid contract by the undertaker as required by the designer. This includes processing, commissioning, repair, reproduction, testing, testing, etc. It follows that the matter of carrying out the relationship should be accompanied by the appropriate equipment, with a certain level of technology, the independence of the person performing the work, the absence of a supervisory and management relationship with the intended person, and the responsibility for the risks involved in the work should be borne by the person. For this reason, according to economic law and the principle of compatibility of legal rights and obligations, remuneration in the context of relations is different from remuneration in the context of labour relations in general, not only for the value of labour, but also for the value of the technical component and a certain profit component。
From 6 august 2022 to 28 august 2022, the hotel director li transferred several transfers to xiao yuan's letter, and charged for the difficulty and quantity of the malfunctioning air conditioners, assigned tasks on his own and arranged with his colleagues. Accordingly, the court of second instance upheld the “compulsory relationship” established by the court of first instance。
Proportion of responsibility
Due to selection and instructional negligence
The hotel has been awarded over $550,000
With regard to the determination of the proportion of responsibility, the bearer is not liable if he or she causes himself or another injury in the course of the performance of his or her work. However, a person who is determined to be at fault in making, directing or choosing shall be liable accordingly. As a result, the proportion of responsibility was also a focus in the trial。
The court found that, in the present case, yuan had neither the relevant qualifications nor the scope of the air conditioner maintenance business, and that the hotel party was liable for 30 per cent of the elective faults on the sole basis of telephone communication and the means used to load the xiao yuan tricycle, i. E. Requiring it to repair its air conditioner。
At the same time, the court found that when the hotel had requested yuan to maintain air conditioning for the room in question, the room was still occupied by guests. In this regard, the hotel authorities have not provided the guests with a separate room or specialized personnel for their care. At the same time, following the departure of the guests, the hotel side instructed the deceased to go through the windows to repair the air conditioners from the other rooms, which led to the return of the guests involved in the case, and to the death of yuan, who had died as a result of the heat-inflammation fault of the weather, and the hotel party was also held liable for improper instruction and 30 per cent of the fault of the instruction。
In addition, during the preparation for the pre-maintenance of air conditioners, yuan indicated that the guest had withdrawn the air conditioner power, but had not been alerted to the surrounding persons, nor had there been any warning at the blackout office that he was guilty of 40 per cent of his own fault。
Finally, the court ruled that the hotel was liable to 60 per cent of the family members. However, maintenance for dependants is not supported because the parents of xiao yuan have not provided any evidence of incapacity to work or other means of subsistence. The court ordered the hotel to pay compensation of over $550,000。
Dujay, maple, red star reporter, tombo
