1. Communicate with the nanny in time: if you find that the nanny is irresponsible, you should communicate with him in time to understand the cause of the problem and put forward improvement suggestions to help him correct his shortcomings and improve the quality of his work;
2. Replace the nanny: If the irresponsible behavior of the nanny is serious and cannot be corrected, you can consider replacing the nanny. Before replacement, we should negotiate with the nanny to terminate the contract, abide by the law and protect the rights and interests of both parties;
3. Complain to the labor inspection department: If the nanny's irresponsible behavior involves violating the labor contract or laws and regulations, she can complain to the local labor inspection department to safeguard her legitimate rights and interests;
4. Seek legal aid: If the nanny's irresponsible behavior brings economic loss or other damage to herself or her family, she can seek legal aid, pursue the nanny's responsibility through legal channels and ask her to bear the corresponding economic compensation responsibility.
Babysitter's irresponsibility refers to the nanny's failure to fulfill her due duties and obligations, causing damage or influence to the clients (such as children and the elderly), or failing to fulfill the service agreement reached with the employer. This situation will bring adverse effects and economic losses to customers and employers.
Before employing a nanny, the employer needs to reach a service agreement with the nanny, specifying the service content, service time, service fee and other matters, and indicating the duties and obligations of the nanny, as well as the liability for breach of contract and handling methods. In the agreement:
1. The employer needs to conduct certain background investigation and qualification audit on the nanny to ensure that the nanny has corresponding skills and qualifications;
2. Nannies need to perform their due duties and obligations, such as providing services on time, ensuring the quality and safety of services and protecting the personal safety of customers.
3. The nanny fails to fulfill her due duties and obligations, which affects the health and safety of the client, or the service agreement reached with the employer is in breach, and the employer can take certain legal measures to safeguard its own rights and interests;
4, you can ask the nanny to bear the corresponding liability for compensation, or call the police for help from relevant departments.
To sum up, in order to avoid the irresponsible situation of nannies, employers can strengthen communication and supervision with nannies to find and solve problems in time.
Legal basis:
Article 165 of the Civil Code of People's Republic of China (PRC)
If the actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability.
If the actor is presumed to be at fault according to the law and cannot prove that he is not at fault, he shall bear tort liability.
Article 1 19 1
If the staff of the employing unit causes damage to others due to the execution of work tasks, the employing unit shall bear the tort liability. After the employer assumes the tort liability, it may claim compensation from the staff who have intentional or gross negligence.
During the period of labor dispatch, if the dispatched personnel cause damage to others due to the execution of work tasks, the employing unit that accepts labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear corresponding responsibilities.
Article 1 192
If labor relations are formed between individuals, and the party providing labor services causes damage to others because of labor services, the party receiving labor services shall bear tort liability. After assuming the tort liability, the party receiving the labor service may claim compensation from the party providing the labor service with intentional or gross negligence. If the party providing labor services suffers damage due to labor services, it shall bear corresponding responsibilities according to the respective faults of both parties.
During the period of providing labor services, if the behavior of a third party causes damage to the party providing labor services, the party providing labor services has the right to request the third party to bear tort liability and the party receiving labor services to compensate. After receiving compensation, the laborer may claim compensation from a third party.