Man installs air conditioner without safety rope to fall to building

Wang Qike was called by a worker named Chen Guofeng to install air conditioners for a cyber cafe. During the installation process, Wang Qike accidentally fell. Wang Qike believes that Chen Guofeng allowed him to work, that is, his employer, and he should take responsibility for his fall injury. He then filed a lawsuit against Chen Guofeng.
Employed air conditioners to report to employers

On April 25, 2012, Chen Guofeng contracted an air-conditioner after-sales service installation at the Qinji Building, and called a worker Wang Qike to install air conditioners in the Internet bar. During the installation process, Wang Qike had no safety ropes . When he walked to the glass extension platform on the second floor of the building to install air-conditioning ducts, the glass was broken due to trampling and he fell down. Upon inspection, Wang Qike was physically injured in multiple injuries.

Wang Qike believes that he was hired to install air-conditioning injuries for Internet cafes, and that Chen Guofeng, as a beneficiary of agency sales and installation fees, directly hired him. Chen Guofeng deserves responsibility. In addition, Wang Qike said that Internet cafes are not responsible for the security environment, but also responsible for responsibility.

Employers claim responsibility for the contract is not responsible

In this regard, Chen Guofeng believes that he does not have an employment relationship with Wang Qike, but a contract relationship. He should not be liable for compensation. Chen Guofeng said that he and Wang Qike jointly installed air conditioners for a certain cybercafe. There is no question of who supervises who or who manages them. Moreover, Chen Guofeng said that he and Wang Qike equally divided the installation fee verbally agreed by both parties, and it also meets the agreed payment methods for the contractual relationship.

In addition, Chen Guofeng believes that Wang Qike as a long-term air-conditioning installation personnel should be aware of the risk of high-altitude operations, and should be responsible for their own security protection, but Wang Qike went down in the middle of his job and went to see others gambling, resulting in accidents. Wang Qike had major faults in the occurrence of the accident and should bear major civil liabilities.

Court decides employer to compensate 100,000 yuan

The first instance of the Meilan Court held that Wang Qike was invited by Chen Guofeng to install air conditioners in a certain cybercafe. Wang Qike and Chen Guofeng formed an employment legal relationship and should bear corresponding liability according to their respective faults. Wang Qike did not wear safety belts during the high-altitude operations. He was responsible for 30% of the responsibility for the damage he suffered. Chen Guofeng did not perform supervisory duties in Wang Qike's employment activities and should bear 70% of the responsibility.

Wang Qike installed air-conditioned Internet cafes as a user of air-conditioners. He does not have any obligation to hire labor services and is not the subject of an employment relationship. No responsibility is required. The court ruled that Chen Guofeng paid Wang Kaike medical expenses totaling 10,1280 yuan.

After the first instance verdict, Wang Qike was dissatisfied and appealed to the Haikou Intermediate People's Court. On November 29, 2013, the Haikou Intermediate People's Court dismissed the appeal in the final trial and upheld the original verdict. (persons in the case are aliases)

By case

Distinguish contract employment

See if you control and dominate

Haikou Intermediate People's Court judge held that the employment relationship and contractual relationship can be distinguished based on the following factors: whether there is control, dominance and subordination among the parties; whether the workplace is designated by one party; the working time is limited; whether the labor compensation is paid regularly or quantitatively. Whether or not to engage in legal relations with others in the name of the party receiving the labor service. If yes, it should be generally recognized as employment; if not, it should generally be recognized as contract. In this case, Wang Qike installed air-conditioners at designated locations in accordance with the instructions of Chen Guofeng. Chen Guofeng issued remuneration for labor and should determine that Wang Qike and Chen Guofeng had a controlling and controlling relationship.

In addition, during employment activities, employers organize and direct employees to engage in labor service activities and enjoy the results of employee labor activities. Therefore, employers have an obligation to protect the personal safety of employees when they engage in hiring activities.

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