Job Recruitment Website - Property management - Is it okay to claim 8 1 0,000 yuan from all the owners of Hunan property employees who fell to their deaths while working on the roof?
Is it okay to claim 8 1 0,000 yuan from all the owners of Hunan property employees who fell to their deaths while working on the roof?
I. News background of the event
A few days ago, many media reported a lawsuit in Hunan. On the afternoon of August 4, 20 18, there was water on the roof of a residential area in Changsha, Hunan. The property management company sent Liu to clean up the stagnant water, and the employee accidentally fell off the roof.
The community was built in 2006 and was taken over by a property company in Changsha in 2008. In 20 16, the property management company and the community developer formally signed the preliminary property management contract, and the service period of the contract was until June 30, 2020.
Liu is an employee of the property management company, mainly responsible for the property management, electricity and property fee collection of the community.
After Liu's death, his family believed that although Liu was an employee of the property management company, Liu was entrusted by all the owners of the building in the community to clean up the stagnant water from July 19, 2065438, and there was an employment relationship between Liu and the owners. On the day of the incident, there was water on the roof, and some owners asked Liu to clean it up, so there was a fall and all owners needed to bear the responsibility.
The owner thinks that Liu is an employee of the property company, and the community owner hired the property company. There is no labor relationship between Liu and the owner, so he should not be liable for compensation, and provided receipts for property fees and utilities stamped by the property company. At the same time, the owner also pointed out that Liu wore slippers to clean up the water on the roof that day, and the property management itself lacked safety awareness.
After the first and second trials of the court, the court finally failed to support the claim of 8 1 0,000 yuan, and all of them were rejected. The court believes that there is no labor relationship between Liu and the owner of the house, and the appeal of the Liu family has no factual and legal basis, and the original judgment is upheld.
Generally speaking, this lawsuit is very puzzling. Liu Jia should directly seek compensation from the property company for prosecution. This is the responsibility of the property management company to its employees, which is clear both in fact and in law. The feelings of family members are understandable, but they do not support this wrong direction. Perhaps there is a subtle relationship between Liu Jiahe property companies, otherwise, what is the reason to make the wrong direction?
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