Because the forest farm project that his friend wanted to bid for required enterprise qualifications, Lin kindly lent his business name, official seal and account to his friend free of charge.
In 2021, after winning the bid for the forest farm project, my friend signed a "Labor Dispatch Contract" with a labor dispatch company using the name of Lin's company, stipulating that if an employee suffers a work-related injury or occupational disease during work, the labor dispatch company will be responsible for reimbursement of the actual expenses borne by the work-related injury insurance, and the expenses borne by the employer will be borne by Lin's company in accordance with the standards stipulated in the "Regulations on Work-related Injury Insurance".
In September of the same year, Tao, an employee who was dispatched to the forest farm, was injured in the process of skating wood in the mountain farm, and was identified as a grade 9 disability, and after mediation, the labor dispatch company paid a total of 80,000 yuan for various losses such as wages during the suspension period, and is now recovered from Lin in accordance with the "Labor Dispatch Contract".
This is despite the fact that I have made a disclaimer with my friend in advance
But when a hired worker is injured in an accident while working on a forest farm
When the parties have a dispute over compensation
Lin Mou, who is a corporate investor
Or is it inevitable to be drawn into this dispute
When he received the complaint, Lin was confused
To illustrate the situation
He applied to add his friends
That is, the actual operator of the forest farm project
as a third person
But the day of the official trial
His friend did not show up
The disclaimer became a dead letter
Under the judge's explanation
The plaintiff still insisted that Lin only be held liable
After the trial, the court found that the forest farm project was obtained by Lin's friend using the name of Lin's company, and the actual operator was not Lin, but the labor dispatch company, as a bona fide third party, did not know the relationship between Lin and the actual operator of the forest farm, and for the purpose of legally protecting the transaction security of market entities, it had the right to recover the compensation of 80,000 yuan advanced from Lin's company according to the labor dispatch contract.
"The company seal is a tangible representative and legal certificate of the company's external activities, and if you lend the company seal to your friend for use, others will have reason to believe that your friend's behavior is the company's behavior, and the adverse consequences arising therefrom will also become the ...... borne by the enterprise" After the trial, the judge further explained to Lin the legal risks of lending the company's name and official seal.
After hearing this, Lin sighed regretfully, "Alas, I didn't expect that I kindly lent the official seal of the company to a friend for free, but I caused trouble for myself and took the blame for others!"
Source | Luoyuan County People's Court Editor| Lee is nine years old