The housekeeper died due to a high fever, and his family filed a lawsuit against the employer and the intermediary platform, requesting the employer and the intermediary platform to compensate for the loss of 580000 yuan and 1 million yuan respectively. A few days ago, the People's Court of Fengxian District, Shanghai, concluded the employment dispute and ruled against all the claims of the family members of Aunt Hua, the housekeeper. Neither the intermediary platform nor the employer, Mr. Li, was liable. In December 2020, Aunt Hua entered an Internet support platform. After passing the interview on the platform, Aunt Hua was introduced to Li's parents' home to take care of Li's parents suffering from brain atrophy. On the morning of July 8, 2021, Aunt Hua had a fever at Li's parents' home. She did not relieve herself after taking medicine. Her temperature rose from 38.8 ℃ to 40 ℃. At about 10:00 on the same day, Aunt Hua contacted Li in the WeChat group to tell her that she had a fever. About half an hour later, Li's wife replied to WeChat that Aunt Hua was physically incompetent and asked for a replacement. Li immediately informed the platform about Aunt Hua's fever. Meanwhile, Li's mother reminded Aunt Hua to see a doctor for many times. At about 1:00 p.m., Mr. Li, his family and platform staff arrived at the scene successively. After finding Aunt Hua unconscious, they immediately called 120 for medical treatment. Aunt Hua died after rescue. The cause of death was acute respiratory failure caused by fever. After hearing, the Fengxian District Court held that the platform agreed in the contract was an information service provider and provided intermediary services to facilitate transactions, so the intermediary platform should not bear the responsibility of the employer. Aunt Hua is employed by Mr. Li, and the remuneration is directly paid by Mr. Li. Both parties form a labor relationship. According to the provisions of Article 1192 of the Civil Code, if the party providing the labor service suffers damage due to the labor service, it shall bear corresponding responsibilities according to the respective fault of both parties. The cause of death of Aunt Hua was acute respiratory failure caused by fever, which belonged to her own disease. There was no evidence to prove that the result was caused by the provision of labor services. There was no causal relationship between the provision of labor services and the cause of death. As an employer, Li provided Aunt Hua with air-conditioned rooms. Aunt Hua was engaged in caring for the elderly, which did not exceed the scope agreed in the contract. Mr. Li timely fulfilled his contractual obligation to send a doctor. Li's family is not a professional medical practitioner, and Li's parents are brain atrophy patients who need to be cared for. As a general employer, Li has no foreseeable possibility of the consequences of the death. Li has fulfilled the obligation of reminding, paying attention and timely assistance as an ordinary person without medical expertise. Therefore, there is no fault on the part of Li. As a person with full civil capacity and a nursing worker, Aunt Hua should reasonably judge and deal with her physical condition. The consequences caused by her own medication and wrong judgment should be borne by her. Finally, the Fengxian District Court decided to reject all the claims of Aunt Hua's family, and neither the intermediary platform nor the employer, Mr. Li, was liable. Considering the death of Aunt Hua, under the judge's interpretation, the intermediary platform and Mr. Li voluntarily offered some humanitarian compensation to Aunt Hua's family. (Xinhua News Agency)
Edit：Hou Wenzhe Responsible editor：WeiZe
Source：chinacourt.org
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