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Wang Qike was invited by a worker named Chen Guofeng to install air conditioners at an Internet café. During the installation, Wang accidentally fell from a glass platform on the second floor, which broke under his weight. He suffered multiple injuries and later filed a lawsuit against Chen Guofeng, claiming that he was hired as an employee and that Chen should be held responsible for his injury.
On April 25, 2012, Chen Guofeng had contracted an after-sales service for air conditioner installation at Qinji Building. He called Wang Qike to help with the installation in the cyber cafe. However, during the work, Wang did not use a safety rope. While walking to the second-floor glass extension to install the ducts, the glass broke, causing him to fall. He was seriously injured and required medical treatment.
Wang argued that Chen directly hired him and that since Chen benefited from the installation fees, he should take responsibility. Additionally, Wang claimed that the cyber cafe also failed to ensure a safe working environment, making them partially liable as well.
Chen Guofeng, however, denied having an employment relationship with Wang. Instead, he insisted that they were working under a contractual agreement. According to Chen, both parties worked together to complete the installation, with no clear hierarchy or supervision. They split the payment equally, which, in his view, supported the idea of a contract rather than an employment relationship.
Furthermore, Chen argued that Wang, being an experienced installer, should have been aware of the risks involved in high-altitude work and was responsible for his own safety. He also claimed that Wang was distracted during work, taking a break to gamble, which led to the accident. Therefore, Wang should bear the majority of the fault.
In the first instance, the Meilan Court ruled that Wang and Chen had formed an employment relationship. The court found that Wang was not wearing a safety belt, so he was 30% responsible for the incident. Chen, on the other hand, failed in his supervisory duties and was held 70% accountable. As a result, Chen was ordered to pay Wang over 100,000 yuan in medical expenses.
Wang was unhappy with the verdict and appealed to the Haikou Intermediate People’s Court. On November 29, 2013, the court upheld the original decision, rejecting the appeal.
The case highlights the distinction between employment and contract relationships. The court emphasized that factors such as control, subordination, designated workplace, and regular payments are key indicators of an employment relationship. In this case, Wang was directed by Chen to work at specific locations and received compensation for his labor, indicating a controlling relationship.
Moreover, employers are generally responsible for ensuring the safety of their workers during employment. This case serves as a reminder of the legal obligations that come with hiring individuals for tasks, especially those involving physical risks.
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