[Case] Mr. Xiao signed the Service Contract of Sister in law with the domestic company and Mrs. Fang, who signed the contract at "Party B" and stamped the official seal of the domestic company. According to the contract, the service period of the sister-in-law is from May 31 to June 25 of the same year, a total of 26 days, and the salary is 5800 yuan. On the same day, Party A paid 5800 yuan in advance to the housekeeping company.

At 8:00 a.m. on June 10, Mr. Fang found that the baby had red buttocks while bathing, but Mr. Fang did not deal with the phenomenon in strict accordance with the regulations and did not inform Mr. Xiao in time. At the same time, Fang also claimed that his mother was ill and asked Xiao to leave his job and go home that day.

It was not until 10pm that Xiao found the baby's red buttocks. From June 12, Xiao went to the Maternal and Child Health Hospital and Children's Hospital to diagnose and treat infants. The final diagnosis and treatment results were purulent meningitis, septicemia, etc., and all the costs before and after diagnosis and treatment totaled more than 50000 yuan. Xiao sued the court for compensation, but the housekeeping company believed that he had not signed a recruitment contract with Fang, had no economic employment relationship, and the infant treatment costs were incurred after the termination of the sister-in-law contract, so he should not be liable.

[Statement] As a monthly sister-in-law with professional nursing skills, Fang should provide good monthly sister-in-law services for infants as agreed in the contract after being appointed by the domestic company. During the performance of the contract, Mr. Fang should know how to care for the baby. However, when he found that the baby had red buttocks, he failed to deal with the problem in strict accordance with the regulations and inform Mr. Xiao in time when he left his home, which led to delay in the diagnosis and treatment of the baby, aggravating the baby's condition, his own fault, and also violated the obligations of both parties to sign the contract.

At the same time, although Party A and Party B signed the monthly sister-in-law service contract were Mr. Xiao and Mr. Fang, from the actual performance process of the contract, there was no agreement in the contract about the domestic company as an intermediary, and the domestic company was stamped as a service agency. Fang, as the dispatched personnel of the company, has made mistakes in the performance of the contract and caused losses to Xiao, which should be borne by the housekeeping company. Therefore, the court ruled that the domestic company and Fang should bear corresponding responsibility for the diagnosis and treatment of the baby according to law.

The judge reminded that when choosing domestic service, we must enhance the awareness of the contract, and clearly agree on the service subject, content, remuneration, time limit and responsibility bearing method. Pay more attention to the legal business qualifications of the domestic service company, whether the domestic service personnel have health certificates, whether they have received pre job training, and their physical conditions before taking up their jobs, so as to find and deal with problems in a timely manner and solve conflicts rationally. Domestic service agencies should also strengthen the management and training of domestic service personnel, do their reasonable duty of care, constantly improve the service level, and avoid unnecessary disputes in the process of performing the contract.  

(Prepared by our reporter Zhang Cong)

People's Daily (February 21, 2019, version 19)

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