When building a house in the countryside, craftsmen and laborers are usually unqualified, some of them are contracted to do the work, some of them are directly hired by the homeowner to do the work, and some of them are led by the contractor with a group of workers in the work. None of these people are legally qualified to do the work. In the process of building a house, there are workers in an accident, the homeowner has to bear how much responsibility?
1. If the construction activity is contracted by the contractor and he looks for workers and arranges for the construction activity, and the workers are injured during the construction process, the contractor as an employer should bear the liability.
2. If the construction activity is convened by a convener or introduces workers to the homeowner, and the workers are paid directly by the homeowner, and the convener or introducer is paid the same as other workers for the same work, and the workers are injured, the homeowner should bear the liability.
3. Because the convenor directs and manages the construction activities, and the workers are injured due to the convenor's improper direction and management, the homeowner can recover the compensation from the convenor after assuming the liability.
4. If the homeowner and the construction team there is a contractual relationship (does not have to be a building contract, as long as it is given to the construction team even if the contractual relationship), then the workers fell and injured the homeowner has nothing to do.
5. If the homeowner directly invited workers to build and pay wages, it belongs to the employment relationship, the workers fall belongs to the work injury, the homeowner should bear the responsibility for compensation.
6. Injured workers themselves in the process of injury there is fault, should also bear the corresponding civil liability.
The homeowner in the end need to assume full responsibility, joint and several liability or no responsibility, depending on the circumstances to determine. But no matter whether there is no responsibility, as a homeowner is to pay out some money, even to the injured workers to buy some fruit to eat, it is also should.
It is recommended that the homeowner in the building before the construction of the house, choose a qualified construction team to sign a construction contract, even if it is the kind of dependence on the same; and one, it is best to pay a copy of the insurance, so as to avoid accidents, you can reduce the loss.
The problem should be referred to the rural areas, in the rural areas of self-built houses, there are many casualties, most of them are to choose a private, not a few are resolved through the law, if through the law, the builders will lose their homes, the rural areas of self-built houses basically between relatives and friends, once the accident occurred, are relatives and friends of both sides of the negotiation, the right amount of money, generally very little
Need, but not too much, the construction team will be the best choice. p> Need, but not too big, mainly his construction team unit responsible for,
For these accidents, in any case, the head of the household will have a certain degree of joint responsibility, although not some illegal responsibility, but in terms of economic compensation is necessary to have a certain degree of responsibility.
For the rural housing often accidental casualty accident, mainly because of the peripheral facilities security is not good protection. Unlike the city to build a building, outside the safety net, generally in the countryside to build a house is very simple, build a frame on the end, some even do not build a frame, directly with a ladder to climb up. Especially now that the house is built, are some small buildings, the height is relatively high or very high accident is very much.
On this side some time ago to engage in quantitative engineering, landscaping projects, some of the so-called experts to design, according to the antique style of Jiangnan, in the street along the upper floors of each farm plus a layer of so-called ancient style eaves, plus these small eaves after a very beautiful. That is to say that the money is not spent in vain, these projects are mainly by the local financial sector to bear the cost, for the residents are not to bear the cost. This work was a small local contractor contracted after the protective facilities did not do, at least the floor is generally more than two and a half, the height can reach seven or eight meters.
In short, in the rural house construction contracting team of workers in the accidental situation, accidentally led to casualties. General rural contracting construction team are in the countryside to convene farmers, there is no safety training, are temporary together a construction team, today there is a job on the people recruited, today there is no work construction team on the dissolution of the. The first thing you need to do is to get your hands on a new car, and then you'll be able to get it back on the road.
Employment relationship, basically is to assume full responsibility! Hiring someone is risky and requires caution! If it is contracted to someone else to build a lot better, the contract can be written in the contractor's contract, the funding party disclaimer, and then the vast majority of the responsibility is borne by the contractor, the contractor can not afford to pay, the funding party will be subjected to joint and several liabilities. Contracting or employment relationship to solve the problem;
Secondly, whether the homeowner is responsible or how much, mainly to distinguish between the legal relationship between the workers and the homeowner,
1, if the workers are directly employed by the homeowner, the direct payment of labor compensation, compensation is generally calculated in accordance with the day, it can be generally recognized as the relationship of employment, the homeowner in this case is to assume full responsibility, unless the injured person has significant fault. Unless the injured person is at fault; there may be among the so-called contractor contact, but the labor compensation is to talk with the homeowner, but also the homeowner to pay directly, the practice of this kind of situation is recognized as an employment relationship, the homeowner needs to bear full responsibility.
2, the worker is the contractor shouted over, often followed by the contractor to do, the remuneration paid by the contractor, the contractor and the homeowner agreed to contractual relations, that is, the completion of the construction of the total **** pay how much money, regardless of the contractor shouted a few workers, how much money per day, are said by the contractor, the contractor for the actual payer of the labor remuneration, in this case, in practice, the owner does not need to be responsible.
This situation is the most common in rural areas. It's quite a hassle to deal with. The countryside is full of folks. A poorly handled can easily lead to antipathy.
The following I come to distinguish the situation exchange.
First of all, divided into two parts, the injured worker and the homeowner is what relationship. There are two relationships.
One is written to clarify what each is primarily responsible for, and what each is responsible for.
One is not a clear division of labor and responsibility. According to the agreed upon some folk rules to do things.
If the house is successfully completed, no injuries, no quality problems, no wage disputes. Then all is well.
Once there are casualties in the building process, quality problems, or wage disputes after the end of construction. Then we must first follow the written agreement to implement. If there is no written agreement, then refer to the relevant provisions of the contract law, combined with the specific construction situation, the cause of casualties, their respective responsibilities and so on.
Next we set up in accordance with the previous situation to analyze.
The first, homeowners and workers in writing to clarify their respective responsibilities, quality, maintenance, responsibility, payroll. Or the homeowner is all in accordance with the written agreement to implement. Once there are casualties, after investigation, in accordance with the agreement. If the construction of non-homeowner reasons once the workers appear casualties. All by the workers themselves responsible. Then there is no responsibility with the homeowner.
The second, homeowners and professional construction team signed an agreement. Then there is basically no worries. Professional construction team plus professional formulated contract. Whether or not it is a package, the price is certainly not cheap. But their respective responsibilities will be clearly delineated.
The third, homeowners called neighbors, friends and family to help. Or hired a master to do the work, but did not sign any agreement. Then the homeowner is definitely responsible. As for the size of the responsibility, the casualties themselves by the size of the fault to decide.
Conclusion! In this kind of building a house before such a big family event, you must have to be a small man before a gentleman. Ask the professionals to draw up a good agreement. Agree on their respective rights and obligations, as well as their respective responsibilities after the accident. This way, no matter whether there are accidents in the construction process, the heart is solid. What do you think?
Welcome to leave a discussion to add. Thank you for reading.
Hello everyone, I'm #LiveUnusualSelf, I'm glad to be able to answer this question.
In the countryside, due to the building of the house workers were injured repeatedly, workers were injured how to determine the responsibility of the house is responsible for how much responsibility? The specific responsibility of the specific situation to be analyzed, can not be generalized.
Situation 1: the homeowner and the contractor signed a contract, the homeowner is at fault.In the rural area to build a house, basically built two or one layer, do not need to have a building qualifications, many are contractors with a group of neighbors to build a house. So a lot of homeowners to build a house all the matters contracted to the contractor, and the contractor to make a verbal agreement, agreed to the total amount of the project, but the general homeowners are contracted to build a house with a variety of materials are homeowners to buy, such as sand, cement, steel, etc., the main labor contracted to the contractor.
At this time, the relationship between the homeowner and the contractor for the contract, at this time, if a worker is injured, according to the "Supreme People's Court," the provisions of Article 10, "contractors in the process of completing the work of the third party to cause damage or cause damage to themselves, the fixed person does not bear the responsibility for compensation. However, if the fixer is negligent in fixing, instructing or selecting, he shall bear the corresponding liability." Homeowners bear the responsibility of fault, there is fault in the case of the corresponding responsibility, such as the homeowner to buy the construction materials are not qualified or provide construction equipment with safety hazards, belong to the homeowner is at fault, to bear the corresponding responsibility. If the homeowner does not have any fault, not responsible.
Case 2: the homeowner and the workers constitute the employment contract relationship, the homeowner should be liable for compensation.If the homeowner and the contractor does not agree on the total amount of money for the project, the agreement of the workers sub-trades by the day to calculate the remuneration, the completion of a one-time payment. After the homeowner himself prepared to build raw materials, the organization of the contractor team in accordance with their own wishes to command, arrange, manage the construction, the contractor team in the construction of the house at the disposal of the homeowner. Then in this case, the homeowner to participate in building activities contracted team in the building activities in full compliance with the homeowner's command, only responsible for providing labor, then the two sides for the employment contract relationship.
At this point, the homeowner as an employer, should protect the safety of employees, according to the "Supreme People's Court," Article IX of the provisions of the employee engaged in the employment relationship suffered personal injury, the employer shall bear the responsibility for compensation.
At this point, the workers were injured when building the house for the homeowner, the homeowner should be responsible for the workers' medical and nursing costs. In the countryside, rarely to court, the vast majority of cases are to choose a private, the homeowner to pay a part of the money to solve the matter.
Summary: In rural areas to build a house, workers are injured from time to time, if the homeowner and the contractor is a contractual relationship, the homeowner is not at fault in this case, the workers are injured does not bear the responsibility for compensation, but the homeowner will generally buy some gifts to see the workers. If the homeowner and the worker is employment relationship, at this time the worker is injured, the homeowner has to bear the responsibility of compensation, generally including medical treatment, nursing care, lost wages, etc., in many cases are chosen to solve the problem privately, and seldom go to court. Therefore, the homeowner to build a house is best to build the matter to the contractor, into a contractual relationship, so that the workers were injured, the homeowner only at fault in the case of the corresponding responsibility!
Rural houses are generally two cases, one is the contractor double package project, workers injured on the contractor to bear, there is a single package, the homeowner out of materials, point labor, how much money a day, but are the contractor to package, workers injured on the contractor and the homeowner to communicate with a family of half of the more reasonable. I don't know how you door there is compensation
The formation of the legal relationship is different, the way to assume responsibility and how much responsibility is also different.
First, the homeowner and the contractor signed the contract to build a house contract responsibility.
If the homeowner in the building of the house will build the house of work contracted to the contractor, and in the contract contract clearly agreed that the contractor is responsible for the payment of wages to each of the workers. At this time, a contracting relationship is formed between the homeowner and the contractor, and an employment relationship is formed between the contractor and the workers he employs. According to the relevant provisions of the law, if the employee in the employment activities suffered personal injury, then the employer should be liable for compensation, while the homeowner does not have to bear any liability.
Second, the homeowner directly employing workers to cover the responsibility of the house
If the homeowner to find their own workers to build a house, and directly by the homeowner is responsible for paying wages to the workers, at this time, the homeowner and cover the house of the workers to form an employment relationship. In this case, if the workers in the construction of the house suffered an accidental injury, then from the legal point of view, the homeowner should be responsible. However, how much responsibility, it is necessary to distinguish the cause of the accident is what, and then according to the fault of each side to bear the corresponding responsibility.
Rural self-built house labor mode is probably divided into the following types. The first, the landlord to prepare their own materials, invite friends and relatives to help, friends and relatives without pay, belongs to the management of the causality; the second mode, the landlord to prepare their own materials, hire workers to work, which belongs to the employment relationship. The third mode, the landlord will be the construction work contracted to the contractor, the contractor and then hire workers to work, then the contractor and the landlord is a contractual relationship between the workers and the contractor is an employment relationship.
The above three modes of labor, workers in casualties, the landlord's responsibility is different:
The first, friends and relatives to help, do not pay, in the case of non-causal management of the workers were injured, the landlord, in principle, to be held fully responsible, except for the workers there is a major fault, such as barbaric operation do not listen to the advice, etc. Even if the workers have a major fault, they will not listen to the advice, and the landlord will not be held responsible. Even if the worker is at fault, the landlord still has to give the vast majority of the compensation. Because of the management is the absolute cause of debt in civil law, to put it bluntly, the workers are completely obligation, no claim, so according to the principle of reciprocity of power and obligation, once the accident needs to be claimed, should be given the maximum power.
The second model, the landlord's own materials, hired workers to work, which is an employment relationship. According to the "Supreme People's Court on the trial of personal injury compensation cases on the application of the law of the interpretation of the first paragraph of Article 11:" employees in the employment activities suffered personal injury, the employer shall bear the responsibility for compensation. If a third party outside the employment relationship causes personal injury to the employee, the person entitled to compensation may request the third party to bear the liability, or the employer may request the employer to bear the liability. After the employer bears the liability, he may recover the compensation from the third person." So as long as the workers in the construction of no major fault, in principle, the landlord is responsible for compensation.
The third mode, the contractor contracting mode, the contractor hired workers in the accident, in principle, the contractor is responsible for compensation. But if the contractor's financial resources are limited, the landlord out of humanitarianism, but also more or less to fill compensation. Then there are more things, due to the rural self-built houses, the vast majority of contractors are not qualified, the landlord will be contracted to the unqualified, the judicial interpretation clearly stipulates that: "employees engaged in employment activities due to safety accidents suffered personal injury, the contractor, subcontractor know or should know that the employer to accept the contract or subcontracting business does not have the corresponding qualifications or safety If they know or should know that the employer who accepts the contract or subcontract has no corresponding qualification or safety conditions, they should bear joint and several liability with the employer." So once the skin, the landlord will complain bitterly. The good thing is that there is a customary mediation mechanism in the countryside, which can settle the matter.