Recently, the reporter searched for civil cases with the keyword "takeaway rider" on the China Judgment Document Network and found that there were as many as 1475 related cases, including 630 traffic accidents, 507 personal injury compensation, 440 compensation liabilities and appraisals, 342 contracts, including 286 labor contracts and 256 insurance contracts. It can be seen that behind the traffic violations of takeaway riders, there are problems such as high incidence of accidents and vague liability liability.
Takeaway riders often have traffic violations because of "fast", behind the frequent traffic accidents, why are the riders' speed still "slow"? What's next for "slow"? The reporter interviewed some takeaway riders, platforms and experts in this regard.
Takeaway riders check new orders on their phones. (Source: Visual China)
data:
Three takeaway companies in The Spike Riders a total of 8311 traffic violations in half a month
According to the list of traffic violations of takeaway enterprises released by the Guangzhou traffic police, from November 16 to 30, 2021, the number of traffic violations by the delivery personnel of the top three enterprises of takeaway enterprises, Meituan, Ele.me and Dada, totaled 5,026 times; from December 1 to 15, 2021, the number of traffic violations of the delivery personnel of the above three companies was as high as 8311 times.
Riders don't dare to slow down:
"Giving up speed is equivalent to giving up income"
Why can't the speed be slowed down? When the reporter investigated, he learned that many takeaway riders still adhere to the concept of "giving up speed is equivalent to giving up income".
It is understood that the monthly income of takeaway riders basically relies on delivery fee commissions, if you get a delivery fee of about 5 yuan according to an order, then if you send 30 orders a day, the rider can earn 150 yuan; but if it is overtime for one minute, usually the rider will be deducted more than half of the delivery fee of the specific order; if the customer chooses to charge back, the rider needs to bear all the losses.
Clicking on his own "performance list", takeaway rider Zhou Kang could not help but sigh. Zhou Kang's mobile phone work interface shows that since the day he became a takeaway rider in early September last year, he has basically been full attendance every day. But in addition to the top 30% of his running orders on the day of the Mid-Autumn Festival, he was basically in the middle and lower reaches of the level on other days. "At first, the road conditions were unfamiliar, and then the road was not fast, and naturally there were fewer orders." In October alone, his instant orders timed out 16 and appointments 2 times. "This means that I ran away in vain for almost half of that month." Zhou Kang said.
In contrast, after the "old rider" Zheng Jinliang changed his running single strategy after changing the car, he mainly ran a "long-range single". Zheng Jinliang told reporters that the general short-distance single volume is large, the delivery fee is usually between 2 and 5 yuan, but the time is urgent, it takes about 30 to 35 minutes to complete the delivery within 2 kilometers, "from arriving at the restaurant, waiting for the meal, taking the meal and then to the final delivery, this time is too tight, the rider can only compress the time on the road." Zheng Jinliang introduced that when he ran the fastest, the speed was 60km/h, and the feeling was "so fast that the whole person has to fly." Although the remote single amount is relatively small, but the relative time is abundant, the delivery can be completed within one hour, usually a single down can get about 8 to 11 yuan of delivery fees, "and the possibility of overtime is very low."
"But for those riders who run two or three thousand orders a month, a speed cut is a pay cut." Zheng Jinliang expects that if you run according to the running method of 3,000 singles a month, although the rider's monthly income can reach more than 20,000 yuan, his daily working hours will not be less than fifteen hours, which means fatigue driving and speeding driving.
Rider Chen Jie calculated an account for the reporter: if according to the current speed of his modified car 50 ~ 60km / h, he works 12 hours a day, about 60 singles, earn 300 yuan, but if the speed is reduced to the specified 25km / h, the same working hours, his running order volume and income are expected to shrink by 20% to 30%, and will also face bad reviews from users because of overtime. Chen Jie said frankly that around him, many colleagues are in a wait-and-see state for the electric vehicle license plate, "most of them are looking at how the company will adjust the rules, because the license means to dismantle the modification system or change the car." It is not even ruled out that some people will choose to leave the line after the speed limit due to salary cuts. ”
Many unexpected situations:
Algorithmic rules are difficult to "perfect"
"If the rules of the platform don't change, the speed of the delivery riders is unlikely to slow down." A traffic policeman told reporters that as law enforcement personnel who often appear at the scene of various traffic violations of takeaway riders, they often bear the greatest pressure. "But when we chat with this group, we will find that they are not completely concerned about their own safety, but they can't take their own safety to heart when the delivery time is short, and some people are lucky."
According to the reporter's understanding, at present, under the guidance of the State Administration of Market Supervision and other departments on algorithms, multiple takeaway platforms are also constantly optimizing the algorithms and delivery rules of takeaway delivery. When the reporter interviewed the relevant staff of a platform, the other party said that the current platform calculation of the "estimated arrival time" In addition to the estimated time of the model, it also includes multiple dimensions such as urban characteristics, segmented accumulation and distance of the distribution process, and additionally calculated three times, and selected the longest time to give to the rider; in addition, in order to avoid other unexpected situations, maintain the relationship between the rider and the user, the platform side will also change the "estimated arrival time" to "estimated arrival time".
"But this estimated time is not the most perfect, after all, the takeaway delivery scene is complex and changeable, and there are many unexpected situations." Coupled with the slowness of many merchants, they may have clicked on 'meal complete' before they have eaten, which will lead to longer waiting time for riders, and naturally the time on the road will be squeezed. A takeaway rider said that if the user looks closely, he will find that the arrival time of the rider displayed on the user's mobile phone is different from the arrival time on the rider's mobile phone. When the reporter tested, he found that in some orders, it is true that the time on the user's mobile phone will often be one to two minutes earlier, "this move may be the platform to appease the user, but this leads us to have to fly on the road in order not to take bad reviews." The rider said.
Traffic police conduct traffic safety education for takeaway riders on the side of the road.
How are riders' rights and interests protected?
Experts: The main responsibilities of platform enterprises should be clarified
According to the "Legal Research Report on the Employment Model of Takeaway Platforms" previously released by the domestic public welfare organization Beijing Zhicheng Migrant Workers Legal Aid and Research Center (hereinafter referred to as the Zhicheng Center), there are currently more than 1.9 million individual industrial and commercial households in the country whose business scope includes takeaway delivery services, of which the largest number of suspected takeaway riders registered through the flexible employment platform is the largest number of individual industrial and commercial households, which means that takeaway riders of a considerable scale have "become" self-employed.
When the reporter interviewed Xu Miao, a researcher at the center, the other party introduced that the riders on the takeaway platform are divided into three categories: one is that the restaurant hires the takeaway staff for delivery or the "regular army" that the takeaway platform directly hires or occasionally dispatches labor; the other is the "crowdsourced rider" who recruits "free orders and can work part-time on multiple platforms" through the takeaway platform or crowdsourcing service company; the last is that the distributor will "subcontract" or "subcontract" the business, and cooperate with the flexible employment platform to pay wages. The "exclusive delivery model" of registering special delivery riders as individual industrial and commercial households on the grounds of underpayment of taxes means that the employment risk is eventually passed on to the downstream special delivery riders as individual industrial and commercial households.
In order to better protect the rights and interests of workers, in July 2021, the Ministry of Human Resources and Social Security and other departments issued the "Guiding Opinions on Safeguarding the Labor Security Rights and Interests of Workers in New Employment Forms"; on September 10, 2021, the four departments of the state specifically interviewed 10 large-scale platform employment enterprises such as Meituan and Ele.me; on September 14, 2021, Meituan issued a document saying that on September 8, it issued an initiative to 1103 takeaway partners. It is clearly forbidden to induce and force riders to register as individual industrial and commercial households to avoid the requirements of employment responsibilities, and the "Notice on Prohibiting Riders to Register Individual Industrial and Commercial Households" was sent to all partners on the same day.
In this regard, Tong Lihua, director of the Zhicheng Center, also suggested that the main responsibility of the platform enterprise should be clarified. "The platform is the rule-maker of employment, the platform manages and supervises the riders in real time through algorithms and digital management, and is the biggest beneficiary of the employment model, holding all the data, but throwing the main responsibility of the employment to others, which is not uniform in rights and responsibilities." Tong Lihua believes that the platform can assign relevant responsibilities to other partner companies through agreements, but in this process, the platform still has to bear the main responsibility.
Text/Guangzhou Daily Xinhuacheng reporter Cheng Yilun
Photo: Guangzhou Daily, Xinhuacheng reporter Cheng Yilun (except for the signature)
Guangzhou Daily New Flower City Editor Cai Lingyue