Tingting and Xiangxiang live in a town in Yongjia County, Zhejiang Province. They are sisters and have a good family relationship. Although I am married and have children, I still move a lot. However, due to the lure of money, Xiang Xiang and her husband Pumbaa later embarked on the road of crime, which is really embarrassing.
On 20 13 10, Xiang Xiang and Pumbaa were arrested in other places and later detained on suspicion of committing a crime. But at that time, Xiangxiang's daughter was only two years old, and the child could not take care of it. Xiang Xiang had to entrust her two-year-old daughter to her younger sister Tingting for raising. After all, the two sisters are connected. Although my sister committed a crime, she still wanted to help her, so she promised to bring the child back to Yongjia for raising.
A month later, Xiang Xiang was sentenced to one year and four months in prison, while her husband Pumbaa was sentenced to five years in prison. I thought my sister would come out in a month, but I didn't expect more than a year. But Tingting is also online at this time, so she can only continue to raise her children, wait quietly for her sister to get out of prison and take her children away.
It is difficult to raise a two-year-old child. Anyone who has been a parent should realize that at this time, children have to take care of themselves all day. They are other people's children. They are really afraid of being broken in their hands and melted in their mouths. Tingting can not only go to work every day to earn money, but also give money to her children for various expenses, which makes Tingting miserable.
Finally, in February of 20 15, my sister Xiangxiang was released from prison, and then came to my sister Tingting's house to pick up the children. However, no matter how she beat about the bush, Xiang Xiang didn't mention the child's living expenses and the labor cost of raising the child. Even after Tingting offered it, Xiangxiang evaded it for various reasons and asked her sister to ask Pumbaa for money after her husband Pumbaa was released from prison.
Sisters, after all. Tingting was ashamed, held back her anger and waited patiently for Pumbaa to get out of prison. However, at the end of 20 18, when Pumbaa was released from prison and Tingting asked for alimony, Pumbaa looked blank and insisted that he had paid alimony to Tingting's biological children before. Now Tingting asks herself why.
In the face of her sister's refusal and her brother-in-law's lies, Tingting was really angry, and then something unpleasant happened between the two sides, and finally she went to court. Tingting believes that after accepting her sister's entrustment, she has been taking care of her children wholeheartedly and has been paying their living expenses and medical expenses. In the meantime, her sister's brother-in-law betrayed him, so she should be ordered to pay her living expenses and certain labor expenses.
However, Xiang Xiang and Pumbaa argued that they had paid part of the expenses to their sister before they were arrested, and later asked their families to pay 3,000 yuan for them. Xiang Xiang also said that after she got out of prison, she gave her sister new year's goods and clothes and paid some cash. At that time, the two sisters verbally agreed that the child's living expenses and elder sister's labor expenses were calculated at 2000 yuan per month, and the cash and goods offset far exceeded the elder sister's expenses of raising children 15.5 months.
Then, should my sister receive the labor remuneration for raising her children, and did the Pumbaa dispute in Xiangxiang fulfill the obligation of paying money? In fact, it is understandable that Tingting, as a sister, takes care of the children for her sister who wants to take care of the children. Is it because of this relationship that Tingting has the obligation to help Xiangxiang raise children? Should it be determined that the relationship between the two parties is not a labor relationship, but a maintenance relationship?
China's "Civil Law" stipulates that "brothers and sisters with financial ability have the obligation to support minor brothers and sisters whose parents are dead or whose parents are unable to support them. Affordable brothers and sisters raised by brothers and sisters have the obligation to support brothers and sisters who lack the ability to work and the source of livelihood. Brothers and sisters who have the ability to afford are obliged to support underage brothers and sisters whose parents have died or whose parents are unable to support them. "
The above-mentioned legal provisions clearly stipulate the obligation of brothers and sisters to help each other. Obviously, Tingting and Xiangxiang do not belong to the guardianship relationship stipulated in the above law. Tingting takes care of Xiangxiang's children. Tingting has no immediate family members, and Tingting has no obligation to raise and take care of children. So it can be concluded that Tingting and her sister have formed a kind of labor relationship.
Although there was no written labor contract between the two parties, Tingting had no choice but to help Xiangxiang raise her baby for more than a year, which essentially formed a de facto labor relationship. Xiang Xiang and Pumbaa, as parents of children, should bear the children's living expenses and labor expenses for raising children. Both sides have never opposed the payment of labor remuneration from beginning to end, and Xiangxiang and his wife also recognized the fact that their sister raised their children.
However, the focus of the dispute between the two sides lies in the standard of child support and Tingting's labor fee. Xiang Xiang and his wife both claimed to have paid part of their sister Tingting's labor expenses, which should be recognized. However, in the trial, Xiang Xiang and Pumbaa failed to prove their claims, and Tingting only admitted that she had paid 3,000 yuan.
According to the principle of "whoever advocates gives evidence" in civil litigation, Xiangxiang and Pumbaa claim that Tingting's labor expenses and children's living expenses have all been paid, and relevant evidence should be cited to prove it. Xiang Xiang and Pumbaa have no relevant evidence and can only bear the consequences of not testifying, that is, no matter how verbally they say that they have fulfilled their obligation to pay money, they still cannot prove that the court will not support them.
According to the news of Yongjia County Court on April 6th, 20021year, after the first trial, the court ruled that Xiangxiang and his wife should pay Tingting a monthly remuneration of 2,600 yuan and 800 yuan for raising their children, totaling 15.5 months, and pay 52,700 yuan according to the average annual salary of service employees in urban private units in Zhejiang Province in 20 14.
According to the evidence in the file, 3000 yuan should be deducted and 49700 yuan should be paid. However, Xiangxiang and his wife refused to accept the judgment and appealed to Wenzhou Intermediate People's Court, arguing that the evidence for judging labor remuneration and living expenses was insufficient and the standard was too high. Unfortunately, Xiangxiang and his wife still failed to prove it. In the end, the second instance ruled that the appeal was rejected and the original judgment was upheld. The characters in this article are all pseudonyms, so please don't take your seats accordingly.