encountered this topic on the Internet and found it very interesting. I am also a cat lover, so I will give a more detailed answer.
The cat owner must look at the shit shovel officer with disgust.
I will give you some legal answers first.
First, the cat owner’s work in a cafe does not constitute a labor, labor, or employment relationship in the legal sense.
The law stipulates that natural persons are the main body providing labor, and cat owners are not counted. According to the reactions of many cat owners, wherever they go to enjoy life, there is no part-time job. Even in the acrobatic troupe, they are chasing delicious food instead of performing for humans.
Second, the cat owner’s employment in a cafe does not constitute a legal relationship of fostering, support, foster care, and guardianship.
The "Civil Code" stipulates that parents have the right to custody their children, and the children have the obligation to support their parents. The subject of guardianship can only be a natural person, and the subject of foster care, according to the "Administrative Measures for Family Foster Care", must be "under 18 Orphans who are one year old and whose guardianship is in the civil affairs department of the local people's government at or above the county level, and abandoned infants and children whose biological parents cannot be found". Cat owners are not within the scope of the above subjects. Even if the shovel officer recognizes that it is your second parent or baby child, it does not constitute any relationship in the legal sense.
Third, cat owners do not enjoy the rights of performers and information network dissemination when they go to cafes to work and participate in performances.
The "Copyright Law" stipulates that the content of performer's rights is the personal rights and property rights of performers, specifically including the identification of performers, protection of performance image from distortion, permission of others to record and video, and permission of others to spread their performances to the public through the Internet. Information network dissemination right, that is, the right to provide works to the public in a wired or wireless manner, so that the public can obtain the works at a time and place selected by the public; although we can often see the cat owner in the live broadcast, the cat owner is Subjects who are not legally copyright owners do not enjoy the aforementioned rights.
Fourth, when a cat owner goes to work in a cafe, the shovel officer usually establishes a legal relationship with the cafe owner on behalf of the cat owner, and establishes a corresponding contractual relationship based on the content agreed by both parties.
The poop shovel officer can put the cat owner in the cafe within the agreed time and use it to provide value-added services to the cat cafe to get a certain reward, so that the poop shovel officer does not have to work hard to earn cat food. The cat owner also If you can eat and drink in the cafe from time to time, there will be other shit scavengers to wait on it. It is also a good choice for the cat owner to be self-reliant. In addition, it is also a good choice for cat owners to go out to work and get to know other people of the same kind and increase their social circle. After all, shit shovelers have social circles, so why can't the owners have? If the shit shovel officer wants to travel, he can save a lot of boarding fees, wouldn't it kill two birds with one stone?
Next, I will formally introduce some common problems and legal risks that should be paid attention to in reality when sending cats to work. The
cat is an animal after all, and if it provokes it, it can be served by the cat's claw regardless of whether the opponent is a family member or a stranger. Therefore, the liability for animal damage is also required. It can be seen that the common risk of cats scratching the customers of the cat coffee should be evaluated first. Before sending the cat out, you must first understand the personality, temper and habits of your cat. Article 1245 of the "Civil Code" states that if a raised animal causes damage to others, the animal breeder or manager shall bear the tort liability; however, it can be proved that the damage was caused by the infringed intentional or gross negligence. Can not assume or reduce responsibility.
This means that even if you send the cat out, the responsibility is still on yourself. In order to solve this problem, you can agree on an exemption clause with Maoka and let Maoka take responsibility. However, please note that this exemption clause is only internal and not external. If the infringed person knows that you are the owner of the cat, you can directly contact you. Therefore, it is also necessary to make an agreement with the cat cafe to perform a certain amount of care and notification obligations to prevent customers from overlying or excited by cats. After
resolves the responsibility of the animal breeder, we will refer to the provisions of the Labor Contract Law to see if we can find suitable terms for working cats. Article 8 When hiring laborers, the employer shall truthfully inform the laborer of the job content, working conditions, working location, occupational hazards, safety production status, labor remuneration, and other information required by the laborer; the employer has the right to know about labor The basic information directly related to the labor contract should be truthfully stated.
work content—corresponding to the service content, which conforms to cats’ habitsHabits do not violate the law, including working hours, cat's name, breed appearance, and corresponding market value. At the same time, focus on proving that the cat is your cat, such as proof of purchase, life photos, etc.
Working conditions-the cat must at least live comfortably there, and the environment and temperature must be appropriate. It is still very important to be able to give an observation deck a cat basket to a cat litter. A happy cat can reduce the risk of scratching.
work location-for example, cat cafe.
Occupational hazards-this is very important to the health of cats. It is necessary to prevent cats from being infected on the cat's side, and at the same time to prevent their own cats from infecting other cats. For this reason, cats should be given vaccination and at the same time Ask for epidemic prevention information for other working cats. Of course, sterilization is necessary, sterilization is necessary, sterilization is necessary! People who like to keep cats can recognize this, but there is still a large part of them that fail to attract attention. After all, cats also have desires, so don't be careless. Really caught that...It is difficult to find the suspected cat.
Production safety status-that is, preventing cats from running away from home. In practical life, even if cats are domesticated, their curiosity about the world hidden in their bodies has never been changed. In fact, they will not completely treat humans as their owners. It can follow you mainly because of one word-laziness. Then cat coffee should take protective measures, it's best to see it on the spot.
In addition, cats may have work-related accidents during their work. However, in view of the inability to pay for work-related injury insurance, they can only retreat and consider getting a property insurance for cats. If the insurance company is unwilling, then you can make an agreement with Maoka Compensation for damages for work-related injuries.
Labor remuneration-this is the remuneration of Mao’s part-time work. Pay attention to the agreement to prevent being owed wages, that is, agree on the responsibility for breach of contract with the owner of Mao Coffee.
After explaining the above common terms, we must consider the termination of the contract. Don't forget this, otherwise the working cat contract may become a contract. At the end of this article,
tells you good news for shit shovelers. After the "Civil Code" comes into force, you can claim compensation for mental damage in contract disputes! If the cat owner really encounters an accident, he can claim the mental loss to the cat.
