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Recently, Sichuan Province Chengdu Intermediate People's Court of Final Appeal concluded with Decoration Work falls disability caused personal injury compensation for employees injured in dispute, as homeowners choose renovation team was not the appropriate qualifications, the court of second instance dismissed the decoration according to team owner Yang, Yang, the owner's appeal, upheld that ruling deduction Yang a, the landlord has the amount due, the two joint injuries compensation of 7.7 million yuan renovation work. Originally in July 2007, Yang contracted in Chengdu, a homeowner's housing renovation, Yong Yang, Yang employment of workers in a department. Month 22, Yong roof of a house in the garden decoration when Tieqiang falls, and was rushed to hospital and spent Medicine Cost 2.4 million yuan, and the needed follow-up medical bills of about six thousand, eight were identified as disabled. Period, Yang, the owner advance 11 thousand yuan respectively, 10,000 yuan. The court of first instance made the ruling, Yang, the owner refused to accept the appeal. Yang, Yang said the appeal, the landlord is responsible for the interior decoration does not include the roof garden Tieqiang, the fact that there are two sides of the budget and final accounts table with, it is the owner of a private talk with the Yong good wages and secret construction The real employer should be the owner, its should not be liable for damages. Owner is that the law does not require a qualified home improvement mandatory, and Yang, Yang called for a decoration company in charge, and submit a business card, its full confidence in Yang, Yang represents the company's contract business, and has decorated the qualifications, and is also a victim of its own and should not be liable for compensation. Both sides also believe that Yong was due to a solid wood is not used and the illegal operation of the falls, have their own responsibility. Chengdu Intermediate Court also identified the second instance, the decoration construction process, Yang Yong informed of a roof garden on a wall not a good price, but its owner is to Yong posted a "mosaic" and said it would a and settlement. Yang, Yang Although organizations operate interior decoration team, but neither fitting qualification, nor obtain business license. Judge saying: Homeowners should choose teams with appropriate qualifications to carry out decoration decoration Chengdu Intermediate Court presiding judge hearing the case, said in a press interview, the circumstances involved in the case law is more clear. A selection from the Yang, Yang Yong and supervision, in Yang, Yang Department to receive remuneration, the two sides of the employment relationship. Yang, Yang budget and final accounts submitted by the owner of the table without a signature confirmation, it is not enough to prove a clear out of the roof wall decoration outside the scope of its contract, and although the prices Yang, Yang and the owner had been resolved, but a paste Yong matter and Yang, Yang roof wall in the home improvement requirements of its reasonable related matters, should be engaged in employment are subject to Yang, Yang employment activities. And in accordance with the provisions of the activities of employees engaged in employment subject to personal injury, the employer should be liable for damages. The same time, the Ministry of Construction "Residential Interior Decoration Management Procedures "also stipulates that the interior decoration of residential projects to undertake the decoration business, must be approved by the administrative department of construction qualification examination to obtain the appropriate construction enterprise qualification certificates, and their qualifications within the contract works; decoration company who commissioned the undertake the decoration works, should choose the appropriate level of qualification with the decoration business. Case, the owner commissioned Yang, Yang renovation, should review their qualifications and whether the appropriate safety conditions for decoration, even though Yang, Yang claimed it as a decoration company in charge and submitted a business card, the owner has an obligation to its identity, Proxy Permission, the company undertake a review of qualification, because the owner has not tried to statutory review obligations of the Supreme People's Court "on the personal injury compensation cases, the interpretation of the law applicable to a number of issues" in the "activities of employees engaged in employment due to industrial accidents suffered personal injury , letting people who knew or should have known that sub-contracting or subcontracting business to accept the employer is not the appropriate qualification or safety conditions, the employer shall bear joint and several liability "provisions, should bear joint and several liability and Yang, Yang. Employees in employment activities, receive compensation for injuries, occupational injuries to its economic loss and compensation for loss of working capacity, operations and employees of independent negligence, and in accordance with the provisions of employers hiring activity in the injured employee compensation for no-fault liability, it should be raised by the Appellant against the responsibility to reduce the grounds of appeal can not be set up. I am an expert from waterproofsportwatch.com, while we provides the quality product, such as China sports wrist watch , kids sport watches, Waterproof Sport Watch,and more.
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