Nanny suffering from hepatitis B family is infected

        Not long ago, Mr. Zhao introduced by an intermediary company, hired a housekeeper. Soon, a strange thing happened: the nanny to a few months, Mr. Zhao a family have appeared anorexia, fatigue and other symptoms. Hospital diagnosis: Mr. Zhao all infected with hepatitis B. It turned out that Mr. Zhao, the nanny Department of hepatitis B patients, and is in a strong infectious period of high replication of the virus. To this end, Mr. Zhao to the nanny and intermediary companies to court, asked for compensation.

        How to determine the nature of the dispute

        East China University Of Politics and Law professor Fu Dingsheng: in this case, there is a family service contract relationship between the nanny and the employer. In the family service contract, the nanny should be in the provision of family services before the inspection of the body, and truthfully inform the employer of their physical condition, if you find yourself suffering from infectious diseases, should take preventive measures.

Shanghai Academy of Social Sciences Institute of law researcher Xu Lanbo: the dispute is essentially related to the tort liability and breach of responsibility two legal relations. According to the "contract law" stipulates that the breach of contract by one party, the other against the personal and property rights, the aggrieved party has the right to choose in accordance with the requirements of this law which assume liability for breach of contract or other legal requirements in accordance with the tort liability. So, Mr. Zhao is a breach of contract can claim to the babysitter and staffing, can also be infringement, asking them to bear joint tort joint liability.

How to share the responsibility for compensation

        Professor Wang Quandi of Fudan University School of law: This requires specific analysis: one is the nanny department staffing company employees or employees, the nurse in the employer's behavior, job behavior, legal responsibility for their behavior is also borne by the recruitment company. In accordance with the "Supreme People's Court on Several Issues concerning the application of law in the trial of personal injury compensation cases the interpretation of" regulations, the main responsibility of this case is the recruitment company. Two is Mr. Zhao and nanny directly conclude a labor contract, and job intermediary companies only, in accordance with the provisions of the "contract law", the intermediary only in deliberately concealing important facts relating to the conclusion of the contract or providing false information under the circumstances, only have a statutory obligation to bear the responsibility for compensation. In this case, the main responsibility is not nurse staffing company.

        Xu Lanbo: the employment agency for the applicant to provide the situation bears the responsibility to verify, otherwise cause the party suffered losses, should bear the responsibility for compensation. However, if the nanny himself deliberately conceal the disease, the main responsibility for compensation is still in the nanny and not in the intermediary companies. In addition, the employer shall take appropriate measures to prevent the loss from expanding without taking measures to increase the loss, and shall not be required to compensate for the loss caused by the damage.

        How to strengthen the protection of the public

       Wang Quandi: to strengthen the audit awareness of domestic service companies, as far as possible to the quality of good, large domestic companies to find the company's staff to provide services to the nanny, will be an effective way of safeguarding rights.

       Fu Dingsheng: in addition, in accordance with the provisions of the law of our country, domestic service industry, hotels, cafes, bars, bathhouses, barber shops and other direct customer service industry practitioners must obtain a health certificate before work. This audit awareness, the public also want to continue to improve.