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LONDON Oct. 16 news: According to the "Oriental Morning Post" reported that 500 yuan to drink a glass of wine! In the temptation of high reward, more than 20-year-old woman club hostess Chen Yun (a pseudonym) was sent to hospital seriously drunk, ending young lives seven hours later.
Chen Yun family believes that clubs and the guests that day consumption should bear 80% of the responsibility, so all kinds of access to a court claim for loss of 64 million yuan; clubs and guests claimed that there was no liability.
Yesterday, Jiading court hearing of the case. The trial, the two sides heated debate. The main focus of controversy is that in the end whether the employment relationship between Chen Yun and clubs, guests reward system and other drinks upon the existence of fault.
Get tips 4900 yuan night
April 29, 2012, more than 20-year-old Chen Yun to the club to work as usual. Her usual work income is mainly the guests to the tip. In the evening, guests particularly generous rooms, boasted a drink reward 500 yuan.
After glass after glass, Chen Yun serious drunk. "We heard that the incident that day, Chen Yun offers services to more than 4,900 yuan to get a tip." According to the club introduced.
According to Chen Yun parental complaint,nike tn pas cher, at 2:00 on April 30, Chen Yun serious drunk was taken to hospital. After 7 hours of 9:30 Xu, Chen Yun by the hospital died.
Identification of severe alcoholism
Resident medical certificate of death show the cause of death was asphyxia Chen Yun and severe alcoholism. Shanghai Public Security Bureau Evidence Identification Center of inspection reports to prove after the death, heart blood alcohol content of 7.86 mg / ml.
Chen Yun's parents that, regardless of medical certificates or inspection reports police have described the death of the daughter of Chen Yun, alcoholism is very serious.
Daughter died during the operation, the club should bear responsibility; improper evening drinks upon guest rooms, also responsible. Of course,http://z7spb.com/home.php?mod=space&uid=1302, my daughter also has responsibility itself, but most of that is 80% of the responsibility in clubs and guests.
Accordingly, Chen Yun parents will know the reach of two guest rooms Jiamou, Wu (a pseudonym) to court to claim the three defendants jointly compensation for death, funeral expenses and a total of 64 million yuan.
Yesterday's trial, the three defendants were not obliged to consider themselves, the two sides heated debate.
The main focus of controversy is that in the end whether the employment relationship between hostessing woman and clubs, guest reward system and other drinks upon the existence of fault.
The case will choose a sentencing date,http://hernia8.umin.jp.
Trial Record
Focus One
Clubs and whether the employment relationship of the deceased?
Club: Club does not support Fu Chenyun any remuneration, the employment relationship is not formed. For how many guests to tip, whether the deceased to get a tip, clubs are not managed, clubs only provide a place for it. On the club, it is a wine to earn fees and site fees guests consumption.
Families: According to a guide 2006 Shanghai Labor Dispute Arbitration Committee opinions, tip the service industry also belong to their wages. In fact equivalent to Chen Yun and the club agreed a compensation payment, that is, from the tip of the guests instead of hiring remuneration.
According to Chen Yun parents narrative incident Chen Yun who work at the club licensing work, usually carried out by the IC card punch, also dedicated locker in the clubhouse. All this shows that there is a relationship between Chen Yun and clubs. Although there is no identified through labor arbitration of labor relations between clubs and Chen Yun, but the employment relationship from December 2011 really began.
In this regard, there are clubs entirely different view. Club representation, IC card is held by Chen Yun Shanghai Public Security Bureau for reunification to entertainment professionals, not the club's work documents. The plaintiff alleged dedicated locker is actually similar to the supermarket in front of lockers,http://www.elnaviero.com/spip/spip.php?article2222, anyone invest one yuan coins can be used.
The most important is that the club does not support Fu Chenyun any compensation, Chen Yun want to come and want to stay away. "We heard that the incident that day, Chen Yun offers services to more than 4,900 yuan to get a tip. How much to tip for guests, whether the deceased get a tip, clubs are not managed,piumini woolrich sito ufficiale, clubs only provide a venue only. For clubs, it is a wine to earn fees and site fees guests consumption. "
Tit for tat, the parents said Chen Yun, Chen Yun's work both to their livelihoods, on the other hand also bring considerable profits for the club. "The other two defendants in the club that night the amount of consumption of up to 13,000 yuan (including tip)." The plaintiff's agent, said Chen Yun work arrangements by the club, complete each job, paid for by the guests tip 400 yuan. Thus, although not direct cash settlement between Chen Yun and clubs, but according to a guide 2006 Shanghai Labor Dispute Arbitration Committee's view tip the service industry also belong to their wages. Thus, plaintiffs believe that in fact the equivalent of Chen Yun and the club agreed a compensation payment, that is, from the tip of the guests instead of hiring remuneration.
In addition, the plaintiffs believe Chen Yun serious drunk, club as a business unit of wrongdoing in the management of its premises in the process, for improper conduct Quanjiu guests holding a laissez-faire attitude of the staff at the club 0:00 already know someone seriously drunk, The club as a business party and did not take any measures.
Club, said the incident would all staff to accompany Chen Yun to the hospital until at 6:00 on April 30 and more,moncler pas cher, see no serious problem before leaving. Surprisingly, 9:00, Chen Yun died due to suffocation. Clubhouse view, should not be tied to alcoholism and suffocation cause of death,hogan outlet,http://lunatic.kill.jp/cgi-bin/link/apeboard_plus.cgi?command=viewres&/, alcoholism does not lead to death, and was taken to hospital, Chen Yun outset does not need rescue, but is more a result of the emergence 9:00 suffocation and rescue, final death.
Focus II
Guests Have a drink reward system fault?
Families: drink a glass of 500 yuan, though not forced to drink, but alcohol has a very high reward temptation. But also in the atmosphere at that time,doudoune moncler soldes, Chen Yun difficult to refuse. If she does not drink, only to get basic tips.
Guests: the bag room attendant and was more than Chen Yun, one of which, like drinking and Chen Yun, but also do not drink, of course, but not an excessive amount of drinking. This shows that the reward system does not have the compulsive drinking.
According to police transcripts show the incident was the package room using reward drink, a drink that is 500 yuan. Chen Yun's parents believed, though not forced to drink, but alcohol has a very high reward temptation. But also in the atmosphere at that time, Chen Yun difficult to refuse. "If she does not drink,http://bbs.tigame.cn/forum.php?mod=viewthread&tid=1236&fromuid=320, only to get basic tips."
Therefore, Chen Yun's parents believe that although Chen Yun to his own death should bear the responsibility,http://www.zhuque369.com/home/space.php?uid=137276&do=blog&id=761718, but not dominant. It drinks upon guest reward system leads to tragedy.
And clubs, like the other two defendants Jiamou, Wu insisted in court that there was no liability.
As the evening's closing Gumou consumer says, "I just went to the club to play, Chen Yun himself a drink, and I have nothing." JiaMou admitted that night by his pay, but to tip someone else.
Another defendant Wu also consider themselves purely to play, nor is its own reward drink proposed, Chen Yun's death and they have no relationship.
Wu and Jiamou have said, when the package room attendants and more than Chen Yun, one of which, like drinking and Chen Yun,http://www.menqiu.com/home.php?mod=spacecp&ac=blog&blogid=, but also do not drink,http://www.sendaimeiten.com, of course, but not an excessive amount of drinking. This shows that the reward system does not have the compulsive drinking.
Clubs, Jiamou, Wu, package room for the night in the end how many guests, the waiter is not very clear. So, that night who is a drink made 500 yuan also unable to be seen. |
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發表於 2015-10-28 12:30:33
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