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Law

Launch "online class room" trusteeship with baby Hotel, whether it has relevant qualifications?

2022-04-22   

Three questions about the trusteeship of "online class room" Shi Zhaokun Ensure that the online class network is not stuck, the housekeeping department is responsible for supervising the baby's homework, and the catering department is responsible for feeding the baby regularly... Recently, many hotel operators have launched "online class rooms", with package prices ranging from 100 yuan to thousands of yuan. The "online class room" launched by some hotels also comes with "baby service", including taking photos regularly to report the children's learning status, leading the children to do aerobics, etc. (Xinhua News Agency reported on April 20). Due to the decline of hotel occupancy rate affected by the epidemic, hotel operators innovate and launch "online class room", which is regarded as "self rescue" in line with the trend. However, if the service content added by the hotel privately carries the functions of some off campus custody institutions, it may exceed the business scope of the hotel, be suspected of violating relevant laws and regulations, and may also produce civil disputes due to accidents. Parents who choose "online class room" service will entrust their children to the hotel for short-term custody through "one paper contract" when they are temporarily unable to fulfill their obligations to take care of their children. Is there anything wrong with this process? The author thinks that parents might as well think about three questions first. First of all, does the hotel have relevant qualifications? Some hotels' online class rooms recruit students aged 3 to 16, and it is not clear that they must be accompanied by adults. Then, as a guardian, the parents trust their children in the hotel alone. If the child is injured and causes disputes, how to clarify and define the relevant responsibilities? Generally speaking, the off campus trusteeship institution needs to apply for business license from the relevant competent authorities and meet the corresponding food business conditions and fire-fighting conditions. However, the main business scope of the hotel does not have off campus trusteeship services. Although the "online class room" carries the functions of some off campus trusteeship institutions, it does not mean that it has the qualification of off campus trusteeship institutions. Therefore, considering the guardianship responsibility of minors, the child's guardian shall sign a written agreement with the hotel before receiving the service to clarify the service content, guardianship responsibility and civil liability in case of dispute. Secondly, is the hotel suitable as an "online class room"? For these minors who need online classes, they may not all have good self-care ability. Then, can the hotel operator ensure the personal safety of the entrusted children? During the service period of "online class room", the hotel will still open the door to receive customers normally. The check-in personnel are complex and difficult to manage. For young minors with weak self-care ability, it is inevitable that there are certain potential safety hazards, such as cross infection of epidemic situation, infringement of personal safety, etc. Furthermore, how to ensure that the hotel staff can be competent for "baby service"? Off campus trusteeship institutions generally have certain qualification requirements for staff, including no criminal record, good health, no mental diseases, infectious diseases or other diseases that may affect the health and safety of students. Can all hotel staff meet the above conditions? In addition, if there are many children in custody, whether the hotel staff can take good care of the children in custody is also a matter of concern. The emergence of "online class room" and "baby service" may be a "burden reduction" move for parents with busy work and unable to take their children. However, it is worth considering whether this measure is legal and compliant. Sound system, effective supervision and scientific operation are the key to the legal and compliant development of managed "online classroom". Under the normalized epidemic prevention and control, the "self rescue" of relevant industries needs clearer industry self-discipline and heteronomy, and how to find a balance between legal and compliant operation and innovative development is still a proposition to be considered. (outlook new era)

Edit:Luo yu Responsible editor:Wang xiao jing

Source:jcrb.com

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