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A confinement nanny scalded a 27-day-old baby, and the problem has not been resolved and she has gone to work in another family

2024-08-24

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The nanny at Swan Home gave a hot compress to a 27-day-old baby without authorization, but poured hot water into the milk storage bag and did not seal the milk storage bag properly, so the hot water flowed from the milk storage bag to the baby... Faced with the diagnosis of "first-degree scald" and the nanny's irregular operation, Ms. Tao went to the Swan Home platform to ask for an explanation, but the communication was deadlocked for a while: "I asked if this person could be blocked, and the after-sales service said it couldn't be done; I asked if the accident could be displayed on the external page, and (the other party) also said that they didn't have the authority; even the compensation promised to me was paid by the platform. Swan Home even told me that the nanny is now registered. It seems that there was an accident, and the nanny doesn't seem to need to bear any responsibility... Then where is the platform's restriction on these domestic workers?"

27-day-old baby was scalded

In order to have a better confinement experience, Ms. Tao selected a silver medal confinement nanny, Aunt Yang, for 42 days of service through the consultant of "Swan Home", a family service platform under the Home Group. Unexpectedly, an accident happened after only about 20 days.

"On July 25, after I finished breastfeeding, I handed Xiaobao to Auntie Yang who had already finished her meal and went to eat. While I was eating, I saw Auntie Yang boiling water. I didn't know what she was going to do at the time."

Ms. Tao said that when she was about to enter the room after finishing her meal, she heard Xiaobao crying. "Auntie told me that the milk storage bag was broken." Ms. Tao felt something was wrong at the time and hurriedly asked why the child was crying if the milk storage bag was broken? Auntie Yang said that it was because there was hot water in the milk storage bag. "I found the broken milk storage bag and took it away, and found that it was very hot inside. Because Xiaobao was lying on the bed, after the milk storage bag was broken, the bed was soaked with traces of hot water, and Xiaobao's head and his body were also scalded by the hot water."

The baby's bed was soaked by hot water.

Ms. Tao said that she immediately took off the child's clothes, applied ice to the child's burns, and prepared to go to the hospital. "During this period, the aunt kept saying that it was okay, just a little red, and there was no need to go to the hospital. But we saw that the burned part of Xiaobao was already very red, so we rushed to the hospital. At the hospital, the emergency doctor told us that because Xiaobao was only 27 days old, he was too young to use medicine, and then said that our first aid measures were okay, and asked us to observe closely. If there are other symptoms such as blisters or broken skin in the future, we should go back to the emergency room immediately."

The medical records of her child provided by Ms. Tao showed that "the burn wounds were mainly located on the head and left torso, with local redness on the skin, no blisters formed, and the area was 4% TBSA. The outpatient clinic initially diagnosed it as first-degree burns."

Medical records of the child provided by Ms. Tao

Ms. Tao said that when she came back from the hospital, she carefully checked the milk storage bag again: "The condensed water droplets on the milk storage bag show that the temperature was actually quite high at the beginning. And although there was some cold water in the bag at the beginning, when the high-temperature water went in, the milk storage bag had been scalded and deformed, and the seal was invalidated, so the hot water came out." For the sake of safety and not wanting to have a direct conflict with the confinement nanny, Ms. Tao immediately called the "Swan Home" consultant and asked the confinement nanny to come to the house. "I even heard that when the aunt was on the balcony and talking to the pre-sales consultant, she said that she felt that there was nothing wrong with Xiaobao and that the doctor had not prescribed any medicine. I felt that this aunt had no attitude of admitting her mistakes."

At this point, Ms. Tao hopes that the after-sales service of "Swan Home" can have a solution. "They dragged their feet before sending me the corporate WeChat of the after-sales service and asked me to add it myself. The after-sales service chatted with me briefly at the beginning and told me not to panic and that they would handle it properly. I chose to trust them, and Aunt Yang, the confinement nanny, also came to the house that day."

Employers question the platform's regulatory efforts

About a week later, Ms. Tao received another call from after-sales service.

"The other party said that they were only willing to refund me the platform information fee, that is, the agency fee. The after-sales service said that the contract stipulates that they are only information providers, and the auntie only has a labor relationship with their platform. The auntie's personal behavior has nothing to do with the platform. The platform has no supervision obligation and no enforcement rights. If I have any demands and can sue the auntie, they will cooperate to give me the auntie's information. I asked again if the auntie stopped accepting orders. The other party meant that the auntie could still accept orders after my order caused trouble, and the order volume would be maintained until the end of December this year."

Ms. Tao said that during her many communications with after-sales service, she asked the platform whether it could blacklist, demote, reduce the salary, or suspend orders for the nanny, but the after-sales service said it was impossible. "After such a thing happened, the nanny didn't say anything, and the platform also said it was 'unable to do it'. I can only say that I will not confirm the payment of the 19,600 yuan information service fee and the nanny's salary that I bet on Tianedaojia."

Ms. Tao believes that the platform's handling of the matter made her feel that even if the domestic workers got into trouble, they could do so without fear. Moreover, the platform's promotional page for Aunt Yang showed that she had obtained the Advanced Prenatal Care All-Round Training Camp, Advanced Child Pushing Practical Training Camp, and Mother and Baby Care Certification issued by "Swan Home". "Didn't they emphasize these common sense operations when teaching?" In a rage, Ms. Tao posted her experience on social media on August 15, and went to the Swan Home Jing'an store on August 16 to ask for an explanation in person.

"I asked to check whether the auntie was still accepting orders, but she refused to show me. They also asked me to click on the platform to confirm the service, saying that if I didn't confirm, there would be no way to resolve the subsequent matters. In the end, both parties parted unhappily."

In the comment section of Ms. Tao's post, the reporter saw an account named "Swan Home Service Center" left a message on August 16, saying: "Hello, after receiving your feedback on July 25, the platform contacted you as soon as possible to pay attention to the baby's situation and communicate to see a doctor first. The subsequent specialist kept in touch with you at any time and learned that the baby's scald was not damaged or blistered for the time being, and continued to observe according to the doctor's advice. After reviewing the order service process, the platform negotiated with you for a solution: 1. Full reimbursement of medical expenses; 2. The platform refunded the 20.5-day information service fee of 3,022 yuan + deducted the aunt's deposit of 1,000 yuan + an additional compensation of 1,000 yuan for nursing and nutrition fees, totaling 5,022 yuan; 3. The platform will continue to pay attention to the baby's situation until the baby's wound returns to normal. Regarding your request that the confinement nanny give up all the wages for 20.5 days, the platform has negotiated with the confinement nanny many times but to no avail. We are sorry that the platform is not a power agency and cannot force workers to make compensation. We suggest and support you as a party to safeguard your reasonable rights and interests through litigation procedures."

Ms. Tao said that on August 19, she received new feedback from Swan Home. "They said they saw my post on social media and that the company was willing to advance more money for the aunt. I asked if the aunt knew about the so-called advance payment. The other party said that the aunt didn't know. So I think even if the platform paid the money, the aunt didn't know about it, so what warning effect would it have on her?"

Ms. Tao also added that regarding the handling of Aunt Yang, "Swan Home" only stated that it would include her in a risk control period, during which the operation would not push this aunt's orders to the outside world, but the end time of the risk control period was unknown. The orders that the aunt had already accepted could not guarantee that the customers would agree to replace her, and the aunt is currently in the household registration stage.

"I think they should at least have a scientific punishment mechanism, otherwise the nanny will think that although I have caused trouble, I can still get a normal salary and can take orders normally after the storm has passed. Now the matter has not been resolved, but the nanny has already gone to other households as usual."

Ms. Tao found it unbelievable.

The reporter also noticed that on the introduction page of Aunt Yang provided by Ms. Tao, it also showed: "The latest background check results passed on 2024.8.19."

In addition, the reporter learned that on June 1 this year, the "Shanghai Domestic Service Management Platform Information Recording and Door-to-Door Service Certificate Management Measures" was officially implemented, stipulating that domestic service personnel holding door-to-door service certificates should actively show their door-to-door service certificates when carrying out domestic service activities, so as to facilitate users to query and evaluate. Users receiving services can scan the QR code of the door-to-door service certificate to query information and evaluate services of domestic service personnel and their domestic service agencies. However, Ms. Tao said that when Aunt Yang came to the household, she did not show her door-to-door service certificate.

Aunt Yang, who "caused trouble", was temporarily "risk controlled"

The store said that the confinement nanny had good intentions to apply hot compress to the baby

So why did Auntie Yang fill the milk storage bag with hot water? On the afternoon of August 22, the staff of the "Swan Home" Jing'an store who was responsible for investigating and reviewing the incident told reporters that Auntie Yang said that newborns are prone to intestinal flatulence. She saw that Ms. Tao's child had intestinal flatulence, so she thought of using the popular folk hot compress method to relieve it.

The staff member said that according to Aunt Yang, in order to apply hot compress, Aunt Yang poured the hot water that had been in the kettle for a while into the milk storage bag that originally contained some cold water, and the final total amount of water was about half of the capacity of the milk storage bag.

"The aunt used two towels to wrap the milk storage bag to give the baby a hot compress, but the milk storage bag was not sealed properly, and the hot water seeped through the towel and flowed down the baby's armpits, which led to this incident."

The staff member said that "Swan Home" clearly stipulates that confinement nannies are not allowed to apply hot compresses to children, and that they can do gas-expelling exercises for intestinal flatulence, so the confinement nanny's behavior was indeed inappropriate.

"The employer proposed to deduct the nanny's salary, but because of an improper operation, 20.5 days of labor income was deducted. Our platform certainly has no right to make such an operation without the nanny's consent." The relevant person in charge of the Tian'e Home Jing'an store said, "At present, after negotiation, the nanny is willing to pay 2,000 yuan in compensation. We will also deduct 1,000 yuan from the nanny's deposit, but the specific compensation plan for the customer still needs to be confirmed by the headquarters."

In addition, the store manager told the reporter that the complaint and punishment records of the nanny are recorded in the background. Although they cannot be presented on the App page, if the customer wants to verify this information when looking for a confinement nanny, the store will show the background page to the customer. The reporter saw that Aunt Yang was marked as "urgent risk control" in the Tian'e Home Service background, and "scald" was also shown in the complaint record column.

The store manager said that for domestic workers who are included in the "emergency risk control", "Swan Home" will stop pushing her orders, and will not promote her even if a customer specifically asks for her. The platform is also contacting Aunt Yang for replacement orders that have been signed but not registered. The reporter also asked whether Aunt Yang's current registered family knew about the accident, and the manager said that they would confirm with the relevant consultant.

In addition, the person in charge also stated that Aunt Yang had been partially re-taught after the incident. After the incident was resolved, training and assessment would be conducted again. Only after passing the assessment could they consider continuing to promote Aunt Yang's orders.

Deformed milk storage bag

Swan Home has removed the resume of the nanny involved in the incident

On the evening of August 22, the headquarters of Swan Home responded to the reporter's feedback and said that they were deeply saddened by the reporter's feedback. "No one wants to see an accident happen to a baby. We always put the baby's health first, maintain active contact and communication with users, understand the baby's medical treatment and recovery situation, and negotiate with users to resolve the problem."

"Swan Home" said that it was understood that on July 25, because Ms. Tao's baby had intestinal flatulence, the confinement nanny used a milk storage bag filled with hot water to cover the baby's stomach. During the service, the nanny repeatedly used milk storage bags filled with constant temperature water of about 45°C to cover the baby's stomach. But on the day of the incident, the nanny poured slightly cooled water from the kettle into the milk storage bag with a small amount of cold water remaining, and the customer judged that the mixed water temperature was 70°C. The customer immediately took the baby to see a doctor. On July 25, the doctor's physical examination result was "local redness of the skin, no blisters formed" and the diagnosis result was "first-degree scald"; the follow-up on July 29 was consistent with that on July 25.

Out of concern for the baby's health, the platform understands the feelings of the child's parents and family who are heartbroken by the scalding of their child. It also takes into account the service negligence of the workers involved and the platform's principles for handling related issues, and proposes the following solution: full reimbursement of medical expenses; the platform compensates the information service fee of 3,022 yuan + the worker's deposit of 1,000 yuan + the nursing fee of 1,000 yuan + the worker's salary of 2,000 yuan, for a total of 7,022 yuan. The platform has currently removed the aunt's resume and is conducting risk management on the aunt, so she can no longer take new orders through the platform.

So, are there any instructions in the training for filling milk storage bags with hot water and using milk storage bags and other containers for hot compresses on children? If an accident occurs to a confinement nanny that clearly violates the relevant training requirements, will the platform retrain the confinement nanny?

In response, Swan Home said that during the training process, the platform had clearly promoted and warned the nannies about the risks, prohibiting the use of hot water bottles, heat pads, hair dryers and other tools with scalding risks to apply heat to babies. According to the platform's regulations, nannies who have service problems must be retrained and passed before they can continue to work for customers. For the nanny in this incident, the store conducted another safety risk promotion and training for her after she left the customer's home.

So why was the nanny who was scalded able to pass the background check and keep the introduction page? In response, Swan Home explained that service problems during the service process of the worker are not recorded in the background check. The background check is to investigate the worker's real identity information and some other items (such as endangering national defense interests, criminal records, etc.), and service problems will be recorded in the worker's file. The service problem of the nanny involved has been recorded in the background personal file.

So, what kind of handling mechanism does "Swan Home" have for workers who violate regulations? "Swan Home" said that as an intermediary service platform, there are strict agreements between the platform and workers on service behaviors and skills. The platform has formulated corresponding handling principles for violations in workers' behaviors and skills, and will handle them accordingly according to the actual situation. At the same time, problems that occur during the service process of workers will be recorded in their personal files, and they will be downgraded, risk-controlled, or blacklisted depending on the severity of the problem. These will directly affect the workers' subsequent orders. Workers with serious circumstances will no longer be able to receive orders through the platform.

In addition, "Swan Home" said that the company has always paid great attention to and attached great importance to the policies and regulations of relevant government departments in Shanghai, and has mobilized workers to actively participate in the filing and issuance of door-to-door service certificates through telephone, WeChat and other means. At the same time, for newly certified and newly registered workers after June 27, the company organizes them to apply for door-to-door service certificates from time to time through face-to-face publicity, pre-job training and other links. As of now, more than 1,700 people have successfully pre-registered, and more than 1,100 people have issued certificates. Due to the size, time and mobility of workers, this work is still ongoing. It is understood that the nanny involved also has a door-to-door service certificate.

In response to this, Ms. Tao said that she had received a solution from the platform and was still considering it: "I sincerely hope that they can do what they promised to do, such as remove the products from shelves and control risks, and I hope it can serve as a warning."