Ask: A few days ago, I looked for a remover to move for me. Moving in the process, the employee of remover damages my electric equipment carelessly. I ask remover is compensated for, remover says to sign the agreement when labor contract with employee, moving belongings is caused to damage in the process, assume by employee proper motion, want me to seek employee claim for compensation. Is the statement of remover excuse me right? How should I do?
Answer: Our country " civil code general rule " the 43rd regulation: "Legal entity assumes civil responsibility to the management activity of its legal representative or other staff member. " the legal issue that the civil liability that here involves tort of legal person worker holds. Remover staff member is the activity that gets remover assign to be engaged in carrying electric equipment, it is to be a company to fulfil obligation. Electric equipment of inadvertent in carrying a process attaint, its action has fault, but the fault that because they are,happens in performing compulsory procedure for remover, because this responsibility should be assumed by remover. The clause that in calling the labor that signs when hire with employee the contract as to remover place, agrees, it is the working relationship that remover and employee form in labor, among them agreement should be not disobeyed only " labor law " the regulation that waits for concerned law laws and regulations, it is effective namely, but do not have legal effectiveness external, remover is OK regulation of interiorly according to undertakes handling, but should assume civil responsibility external, recoup your loss. Because the view of this remover does not hold water, your loss should be assumed by remover.