Company Dynamics
High-priced "confinement" and worry-free? Unsupervised confinement clubs are full of hidden dangers
- Categories:Industry Information
- Author:
- Origin:Justice Net
- Time of issue:2019-03-21 11:15
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(Summary description)Justice Net, Beijing, March 21 (trainee reporter Cui Xiaoli) Recently, some media reported that Ms. Peng from Ganzhou, Jiangxi, stayed at the local confinement club after giving birth. She originally thought that she and her baby would receive professional and scientific nursing services, but the baby's body appeared abnormal. Later, the confinement club did not take it seriously, and was diagnosed with severe pneumonia when he was sent to the hospital.
High-priced "confinement" and worry-free? Unsupervised confinement clubs are full of hidden dangers
(Summary description)Justice Net, Beijing, March 21 (trainee reporter Cui Xiaoli) Recently, some media reported that Ms. Peng from Ganzhou, Jiangxi, stayed at the local confinement club after giving birth. She originally thought that she and her baby would receive professional and scientific nursing services, but the baby's body appeared abnormal. Later, the confinement club did not take it seriously, and was diagnosed with severe pneumonia when he was sent to the hospital.
- Categories:Industry Information
- Author:
- Origin:Justice Net
- Time of issue:2019-03-21 11:15
- Views:
Information
Drawing: Zhong Xinyu
Justice Net, Beijing, March 21 (trainee reporter Cui Xiaoli) Recently, some media reported that Ms. Peng from Ganzhou, Jiangxi, stayed at the local confinement club after giving birth. She originally thought that she and her baby would receive professional and scientific nursing services, but the baby's body appeared abnormal. Later, the confinement club did not take it seriously, and was diagnosed with severe pneumonia when he was sent to the hospital. Not long ago, the staff of Xiyue Pavilion, a high-end confinement club in Xihu District, Hangzhou, broke the news that a rag was used to wipe everything in the club. Towels originally classified as floor cleaning and toilet cleaning are completely mixed. The towel used to clean the toilet is also used to clean the dishes...
With the popularization of scientific parenting concepts and the liberalization of the second-child policy, the confinement clubs have attracted many novice mothers to move in, but many problems have also arisen, and some have even gone through legal procedures. How should the confinement club standardize its development? After disputes arise, how should consumers defend their rights? This reporter conducted an investigation.
Just after the Spring Festival, a certain month club in Beijing has customers who have booked rooms for October and November. On the leaflet of the confinement club, the main features are "postpartum repair" and "professional nursing". Photo by Zhong Xinyu
The confinement club with endless problems
"There is no room now. You need to make an appointment three to six months in advance." "We will provide you with a professional nurse to take care of you and your child, and the obstetrician and gynecologist will also come to rounds every week."...A few days ago, the reporter was a family member of the mother I called many confinement clubs in Beijing and found that because this year is the "golden pig" year in the traditional sense, the beds in many confinement clubs are very tight.
According to the industry, the confinement club, also known as the confinement center, refers to a place that provides professional postpartum recovery (ie confinement) services for pregnant women. In many advertisements, the confinement club will also claim to be equipped with professional nutritionists and professional medical staff, who can provide confinement meals and feeding knowledge to help the mother recover as soon as possible, and the service is warm and thoughtful. However, the lack of qualifications of hiring nursing staff and the sickness of infants have also led to some legal disputes.
On January 15, 2018, Ms. Liu, who lives in Shunyi District, Beijing, moved into Kangyue (Beijing) International Housekeeping Service Co., Ltd. (hereinafter referred to as Kangyue Company) after giving birth to provide care services for the confinement club. Soon after moving in, Ms. Liu's baby caused pneumonia due to a cold and caused more serious diseases such as myocarditis. Ms. Liu believes that because the confinement club equipped with the confinement club had a bad cold at the time and took care of the child closely, the child was infected and sick. Subsequently, Ms. Liu sued Kangyue to court on the grounds of contract disputes.
The reporter noticed during the court hearing that when the judge asked Kangyue whether the confinement company would conduct a medical examination every time before taking up the job, the attorney of Kangyue Company stated that the confinement wife would undergo a physical examination when they entered the job, and that they would undergo a simple physical examination before taking up the job. Body temperature, throat examination, etc., but there is no relevant record to prove it. When asked whether there is a labor relationship between Yuesao and Kangyue Company, the lawyer said that because the company and Yuesao have cooperated for two or three years and trust each other, the company and Yuesao are only verbal labor relations. .
"Kangyue Company has said that the club will hire regular doctors to conduct rounds." Ms. Liu said that until the baby has been infected with pneumonia, they did not provide any effective care, let alone provide the doctor services mentioned in the contract.
In addition to the uncertainty of the qualifications of the nursing staff, the hygienic environment of the confinement club is not up to standard and the nutritional meals are not fresh, which have also been criticized by the outside world.
The reporter checked past media reports and found that with the rapid development of the Yuezi Club in the Mainland in recent years, some speculators, after seeing the vast market of the Yuezi Club, rented several floors of the hotel or directly started the month in the residential building. Sub club. In these places, not only the sterilization ability is not easy to reach the standard, but the air circulation is very poor in the occluded environment. As for the so-called nutritionally balanced confinement meal, some netizens reported that it was prepared in other places and sent to the mother after heating. The freshness and safety of the food cannot be guaranteed.
It’s not easy to get a refund
However, when the service provided by the Moon Club does not meet the actual situation, it is not easy for consumers to want a refund.
According to media reports, in May 2017, Mr. Sun from Changchun paid a service fee of 19,800 yuan in advance at a local confinement club. Just after the wife moved in after giving birth, she found that the interior decoration smells strong. Taking into account the health of the mother and the child, Mr. Sun asked to terminate the contract and return the money to leave, but the confinement club had to deduct a service fee of 9800 yuan. In October 2018, in many cases involving confinement center disputes issued by the Haidian Court, the difficulty of refunding is a common legal problem.
In this regard, Qiu Baochang, a member of the Expert Committee of the China Consumers Association, said that many confinement clubs have been advertised in a big way, but the contents of the contracts signed with consumers are large and generalized. In order to maximize the benefits, many exemption clauses are even set in the contract. "But the law also provides sufficient protection to consumers. Advertising content that has a significant impact on the conclusion of the contract and the determination of the price should be regarded as the content of the contract."
Qiu Baochang said that in the advertising of the confinement club, if the living environment, the configuration of confinement meals, and the professional nursing team are clearly displayed, the actual situation is completely different or even not. As long as consumers can provide evidence, confinement The clubhouse constitutes false propaganda.
The content of the breach of contract on objective conditions, dispute resolution will still be difficult. When babies have health problems in the club and go to court, the burden of proof has also become the focus of controversy.
In the case of Ms. Liu v. Kangyue Company for contract disputes, according to the principle of who advocates who provided evidence, Ms. Liu presented proof of health that the hospital gave each index score when the baby was born; Yuesao sent WeChat to indicate that she had a cold and went for injections. Evidence; at the same time, it was also proposed that the confinement wife did not do any disinfection and isolation and prevention during the close care of the baby. Taking into account the high contagiousness of colds, Ms. Liu believes that the infection of the sick confinement will cause the baby to become sick.
In the case that Kangyue Company was unable to prove whether the company’s confinement cold was contagious, the court of first instance held that the confinement cold was transmitted to the baby and caused other illnesses, which was highly probable, and Kangyue Company did not fulfill its reasonable duty of care. He was sentenced to refund service fees, compensation for medical expenses, and nursing expenses totaling more than 23,000 yuan. Kangyue Company refused to accept it, and then appealed to the Beijing No. 3 Intermediate Court.
At the scene of the second-instance trial a year later, Kangyue’s attorney insisted that infant pneumonia had nothing to do with the confinement cold, and that it was unreasonable for the court to ask Kangyue to prove whether the company’s nurses were contagious or not. In this regard, Ms. Liu said that for the child’s illness, she has fulfilled the burden of proof, and the evidence is sufficient, and it is impossible to prove whether it is infectious.
"Compared with the confinement club, consumers are individuals who are disadvantaged. Although it is a lawsuit filed by consumers, it is difficult for consumers to provide complete proof." Liu Junhai, a professor at Renmin University of China Law School, believes that in When consumers have proved that the damage has occurred, the principle of inversion of the burden of proof should be implemented to allow the confinement club to prove its innocence. When Ms. Liu gave the corresponding evidence, it is understandable that the court allowed the Yuezi Club to carry out the remaining evidence.
Just after the Spring Festival, a certain month club in Beijing has customers who have booked rooms for October and November. On the leaflet of the confinement club, the main features are "postpartum repair" and "professional nursing". Photo by Zhong Xinyu
Low barriers to entry and lack of supervision
The reporter learned when calling the Beijing Aidi Palace Confinement Club that the current 28-day postpartum care fee range is 78,800 yuan as the starting price. Even in the confinement clubs in second- and third-tier cities, the price is mostly more than 30,000 yuan. Now that you have spent such a high price to purchase services, why can't you get the services you deserve?
"The confinement club was not initiated by health professionals at first, but social capital was established in the form of enterprises. Entrepreneurs mostly manage and operate from the perspective of enterprises." China Maternal and Child Health Association Postpartum Maternal and Child Rehabilitation Organization In an interview with the media, Xu Congjian, chairman of the management committee, said that the confinement club has been "innately deficient" since its birth.
"Currently, the confinement club only needs to pass the industrial and commercial registration and obtain a business license to operate." Many industry experts said that the low entry barrier is also an important reason. The scope of business services registered by many companies is health management consulting, but in practice they provide services such as maternal and child care and confinement catering, which are beyond the scope of operation. It is uncertain whether the so-called medical staff are qualified.
Among the many confinement clubs called by reporters, some said that if the medical staff is convenient, consumers can check the professional qualification certificate, otherwise it will not work. The Beijing Xishan Xinyue Yuezi Club and several other clubs have made it clear that medical staff will not carry certificates with them and cannot provide them for inspection.
In fact, management is not without standards to follow. On September 1, 2018, the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China and the National Standardization Administration jointly issued the ``General Requirements for Maternal and Child Health Service Places'', which stipulated provisions for confinement agencies in terms of service safety, environmental sanitation, and personnel training. , For the first time to manage the confinement club from the national level. However, the reporter noticed that the standard attribute of the "requirement" is GB/T, that is, the state recommends enterprises to use it voluntarily, which is not binding on the industry at all.
While the barriers to entry are low, the confinement club is still facing the problem of unsupervised. Ms. Liu told reporters that before going to the court to seek protection of rights and interests, she had gone to the industrial and commercial department to report the situation, hoping to get help, but the confinement club had a tough attitude and the industrial and commercial department was directly hung up. "Because at present, no matter it is the industry and commerce, food and drug supervision or the health and family planning commission, they are not the last competent department of the confinement club. When the supervision is vacuum, the cost of illegal enterprises will be reduced." Liu Junhai said.
Implement regulatory agencies as soon as possible and introduce mandatory standards
According to incomplete statistics, as of July 2018, there were more than 6,000 confinement clubs in my country, while in 2016 there were only 3,000. Data from the Prospective Industry Research Institute also shows that the market size of the clubhouse is expected to exceed 32 billion yuan by 2022. In the face of this huge market, how to regulate its development has become an important issue facing now.
In Liu Junhai's view, there is an urgent need to introduce a mandatory standard to regulate management. "Although the law does not prohibit it, and the confinement club is registered in the industrial and commercial department to operate, but in the course of operation, public order and good customs, contract law, consumer rights protection law, etc. cannot be violated, but obviously some confinement clubs cannot do it. "Liu Junhai said that in order to standardize operations, the confinement club has accurate requirements in terms of hardware design, operation methods, and staffing.
Qiu Baochang further suggested that in the absence of mandatory standards, it is particularly important to conclude a detailed contract between the consumer and the confinement club. "For example, the specific requirements for confinement meals, residence, and how to deal with the child's illness should be reflected in the contract."
"If the confinement club clearly states in the contract or advertisement that it only provides general nursing services and does not have such gimmicks as professional doctors and nurses. As long as there is a problem with the child, the parents are notified in time, and the duty of a good manager is not required. Take responsibility." Liu Junhai said that if the confinement club fails to perform its obligation of assistance in a timely manner, regardless of whether there are provisions in the contract, it should also bear civil liabilities. "Because in accordance with the principle of good faith and trading habits in the Contract Law, the operator has to perform the necessary notification and assistance obligations."
"Especially for those confinement clubs that claim to have a nursing team and are equipped with professional doctors and nurses. If these are used as'selling points' when doing publicity, they should provide corresponding services, so that they will not cause severe pneumonia in their children. Found." Liu Junhai said that the confinement club must have strong evidence to show that he is not at fault, otherwise he should bear the responsibility.
Qiu Baochang agreed. In addition, he believes that if the confinement club fails to perform its duties in the contract and causes the baby to become sick, the confinement club must bear the medical expenses and compensate. It is not only civil liability but also criminal liability that caused the death of the baby.
"It is possible to establish an industry association in various places, and the association sets internal standards and standards. Enterprises that do not meet the standards must be blacklisted." Qiu Baochang believes that in response to the problem of regulatory blind spots, Qiu Baochang believes that industry self-discipline should give full play to its due effect.
"The next step is to implement the supervision organization of the confinement club as soon as possible. In the end, whether a department implements the final supervision, or whether the Food and Drug Administration, the Health and Family Planning Commission, the industry and commerce department and other departments work together, there should be a regulation." Liu Junhai said, confinement. Clubhouse is a special housekeeping service industry, mothers and babies in confinement are very fragile. In addition to strengthening management from service measures, supervision needs more effort. Only in this way can we supervise the healthy development of confinement clubs.
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