Who will be responsible for an accident during the period of providing labor services?Beijing Yingtai law firm online analysis!

2022-05-10 0 By

In 2019, Zhang mou was introduced to Jiang mou by others, that Jiang mou needs a driver, so he and Jiang mou negotiate to become jiang mou’s driver, to provide labor to Jiang mou, so the two sides agreed on the salary orally, the next day Zhang mou began to go to work.However, in the chapter to jiang mou drive the fourth day, chapter due to fatigue driving accident, and on the opposite side of a car collision, resulting in a car driver Huang and zhang mou two injured consequences.After the local traffic police brigade for accident identification, the accident should be taken full responsibility by chapter.As compensation matters did not reach an agreement, after the chapter jiang mou to the court, the employer to assume liability for compensation.The court thinks, providing labor services chapter one own damage, shall, according to their respective fault responsibility, and in the incident, chapter one fatigue driving burden all the responsibilities for the accident, so its own injury has a serious fault, shall bear corresponding responsibility, the court ruling in accordance with chapter one person bear the liability for fifty percent.Beijing Yingtai law firm director Han Guangdong lawyer proposed: according to the “civil Code” article 1192 provisions: “between individuals to form a labor relationship, the party providing labor caused by labor damage to others, by the party accepting labor tort liability.After the party receiving the labor service bears tort liability, it may recover compensation from the party providing the labor service with intent or gross negligence.Where the party providing labor suffers damage due to his/her service, both parties shall bear corresponding liabilities according to their respective faults.During the period of providing labor services, if the act of a third party causes damage to the party providing labor, the party providing labor has the right to request the third party to bear tort liability, and also has the right to request the party receiving labor services to make compensation.After receiving compensation from the labor party, compensation may be sought from a third party.”In this case, the labor relationship between Zhang mou and Jiang Mou was formed by Zhang Mou to provide labor service for Jiang Mou, and then he suffered damage in the process of providing labor service, so there was a legal dispute with the employee.However, the accident by the traffic police brigade to make the accident identification, should be taken by the chapter of full responsibility for the accident, so the chapter has a major fault for their own damage, assume the corresponding responsibility, the court then made the judgment in accordance with the law, requiring chapter to assume 50% responsibility for their losses.Law reveals fairness and justice, the formation of labor relations between individuals, if one party to provide labor service is damaged because of labor, should assume corresponding responsibility according to the fault of both sides, and should not be assumed by the one party to accept labor!