How much should a nanny stealing labor dispatch company compensate?

How much should a nanny stealing labor dispatch company compensate? Be careful "family thief"! The nanny Wei rolled away 640,000 yuan in cash; babysitter Zhu deceived 200,000 yuan on the grounds of "getting money to pray for money"; the nanny Xiao Xu stole an employer a diamond ring worth 64,000 yuan ...
yesterday, the reporter learned from the Siming District Court that recently some employers have encountered a nanny supervisor to defend themselves. Since this year, the court has accepted more than 10 nanny theft and fraud cases.
The nanny theft together also reminds those housekeeping companies that they must not just sell the nanny to get the money, and they will also bear the responsibility of supervision in the future.
The master owner cleaning away a diamond ring
Recently, the nanny Afang (pseudonym) was sentenced to 3 years in prison by the Siming District Court for theft for theft.
The early November of last year, Mr. Liu found that he lost things frequently, including a ring with 1.12 carat diamonds. Because the nanny is usually at home, the doors and windows are not pried, and Mr. Liu suspects the thief, and the biggest suspicion is Afang. Mr. Liu decided to set up a set. He took 33 hundred yuan banknotes from the bank, made a small mark on each banknote, put these banknotes into the shoulder bag and stuffed it into the wardrobe.
. After a few days, Mr. Liu found 4 less banknotes in the shoulder bag, and he was calm. A few days later, Mr. Liu found two more than two more. Later, Mr. Liu found a hundred -dollar banknote with a mark in the bag of the nanny wardrobe. The evidence was conclusive, and he immediately reported to the police.
After the network was arrested, Afang said that a month ago, she picked up a ring when she cleaned it. At that time, she wanted to return to the employer, but after thinking about it, the employer may not know, so she secretly took the ring to herself as her own. Yes, I also wrapped the ring with a plastic bag and hid the daughter's house brought to Longhai. It was identified that this rings set with diamonds were worth 64,000 yuan.
four or five days later, watching the employer Mr. Liu did not find 4 less banknotes, the nanny Afang set the god, and pulled two from the dozens of hundred yuan banknotes from Mr. Liu's shoulder bag. She did not expect that these banknotes had long been marked by Mr. Liu.
I asked the mage to "practice" to deceive 200,000 yuan
less than two years at the old lady Lin's house, Zhu was deceived Take 200,000 yuan. Recently, she was sentenced to 6 years in prison for criminal fraud.
Zhu is from Zhangzhou, and usually has a bad habit for playing cards. In 2008, she wanted to quit gambling and came to Xiamen to job jobs. After being introduced, she came to the old lady Lin as a nanny.
. She always cheated the old lady's money for the same reason. For the last time, she cheated 20,000 yuan for the old employer and said, "I took the money, and asked the mage to help your family do a‘ legal affairs ’, and your family will be peaceful.” Then, there was no trace.
It is reported that most of the 200,000 yuan that Zhu had deceived before and after, except for some living expenses, most of them were used as gambling.
The babysitter frequently committed the crime for one year.
The reporter learned from the court that in the recent period, nanny theft occurred from time to time in all districts in Xiamen.
If only this year, more than 10 nanny theft and fraud cases have been accepted. The total amount involved has exceeded 1 million yuan.
Recently, the nanny Xu was sentenced to one year or four months due to theft. She turned 20,000 yuan from the closet drawer in the bedroom of the employer's home. After getting the money, she could not pack her luggage and clothing , Immediately escape.
Previously, the Herald reporter also reported that the "cruel" nanny Wei stole 640,000 yuan in cash from the employer's house and fled. Recently, Wei surrendered after 7 years of fleeing. She also regretted that the employer was good to her and waited for her to be like a relative.
This theft 640,000 yuan, but not the most, and more "ruthless" nanny. A few years ago, Hexiang West Road, Siming District, also had a nanny roll away from the valuable property of 9 employers. The property involved was valued at more than 1 million yuan.
Everages
Why are greedy nanny repeatedly?
The judge analysis said that with the fiery nanny industry, nanny has become one of the closest people in employers. However, because of closeness, employers often lack vigilant nanny, so that some greedy nanny can be organized.
The case of frequent crimes in the nanny, Chen Yiyan, judge of the Second Court of Siming District Court, suggested to further regulate the order of the employment market management order of the nanny, and pay attention to the verification information when hiring the babysitter through the intermediary company or individual. In addition, the judge also suggested that , Employers should pay attention to the way of keeping valuables and cash in the family, try to avoid stored a large amount of property at home, and keep the confidentiality of family property and passwords.
Professor Huang Jianxiong of the School of Law of Xiamen University also suggested that for the frequent cases of nanny theft of employers' property, employers should choose a regular housekeeping service company to not find people or sign contracts directly. At the same time, the relevant government authorities should further regulate the housekeeping service industry. Housekeeping service companies should verify the true identity of the nanny, conduct a necessary review of the personal conditions of the nanny, and do a good job of registering and retention.
Focus
Should house administrative companies take responsibility?
Wasiler theft of the property in the home of the employer, do the housekeeping company take responsibility?
The reporter from the Siming District Court yesterday that the judge of the Siming District Court introduced that the court had previously judged similar cases to determine that the housekeeping company had certain management obligations for nanny.
In that a few years ago, Mr. Zhuo invited a nanny from the housekeeping company, but a few days after the nanny went to work, he swept away the things at home and caused Mr. Zhuo to lose more than 19,000 yuan. To this end, Mr. Zhuo brought the housekeeping company to court and asked for compensation.
Crobe, Mr. Zhuo said that he signed a family service agency contract with the defendant's housekeeping service company (nanny Zhao was listed as C Party in the contract). The monthly salary is 800 yuan, and the work content is to bring children and do housework. Housekeeping companies have the right to charge an introduction fee to determine the source of nanny, identity and other related matters. At the same time, the contract also stipulates that if the nanny is breach of contract, the housekeeping company can actively cooperate with the law enforcement department to provide relevant clues and materials. During the service, Mr. Zhuo's loss caused by work errors will be responsible for Zhao Zhao.
, shortly after the nanny came to the door, Mr. Zhuo found that there were traces of theft in the house, and the nanny's whereabouts were unknown. Afterwards, the ID card provided by Zhao was forged by the public security organs.
Mo Zhuo said in the court that the housekeeping company introduced Zhao to the previous department to be a nanny, and he should bear the liability for compensation and requested that the housekeeping company returned Mr. Zhuo's agency fee of 150 yuan, and Mr. Zhuo Zhuo's property loss was compensated. More than 19,000 yuan.
Finally, the court judged that the housekeeping service company refunded Mr. Zhuo's agency fee of 150 yuan. However, given that the public security organs of Zhao's theft case are still in the investigation stage, the actual loss of the public security organs has not yet confirmed, and the evidence submitted by Mr. Zhuo's trial has not yet fully proved its actual property losses. The court did not support the demand for property loss.
Experts
Thean of nanny to commit crimes
Irdies Lin Minhui, a partner of Xinhai Law Affairs in Fujian, believes that in similar nanny theft cases, in addition to criminal liability, the nanny should also compensate the employer to the employer Loss. However, when the nanny is captured or the nanny is unable to compensate, if the housekeeping company fails to fulfill its contractual obligations and legal obligations, it shall bear the corresponding liability for breach of contract.
Lin Minhui said that verifying the real information of the nanny and whether the basic conditions of whether the housekeeping practitioners are in accordance with the housekeeping company obviously belong to the obligation of the housekeeping company. The housekeeping company does not fulfill this obligation, and should appropriately compensate the employer's losses according to the degree of fault.
This, Huang Jianxiong believes that the housekeeping company should bear the liability for compensation, which depends on the nature of the company. At present, there are two main types of housekeeping companies: one is a company with an intermediary, and the other is a professional company. If it is professional, for example, a contract is signed by the housekeeping company and the employer, and the nanny is responsible for salary by the housekeeping company.
The reporter Chen Jie correspondent Yang Changping