Not long ago, the takeaway workers chose to retrograde and run red lights because the system algorithm constantly compressed the delivery time, and the news of invisibly forming a safety hazard caused heated discussion. Recently, a takeaway platform was sent to the hot search for the sudden death of the takeaway driver when delivering meals, on the grounds that the platform was willing to provide 2,000 yuan to the family on the grounds that there was no labor relationship.
After the rider died suddenly, he was also fined for not sending 4 orders
On December 21, 2020, Han Mou, a 43-year-old takeaway rider in Beijing, rode an electric car and carried out daily order delivery work through the "Hummingbird Crowdsourcing" app. According to the platform delivery records provided by Han's family, on December 21, Han received a total of 36 orders; there were 12 orders between 11:00 and 12:00 alone; however, on the way to deliver the 33rd order, he collapsed.
According to the death certificate issued by the Chaoyang Branch of the Beijing Municipal Public Security Bureau, after the police conducted on-site investigation and autopsy, they concluded that Han mou died suddenly.
Han's wife, Wang Mou, said that after her husband fell to the ground suddenly, she was also fined by the platform for not sending 4 orders. Wang also said that the couple, who are from Hongdong, Shanxi, came to Beijing in February 2020 to make a living, because the family had parents who worked as farmers and two children who were going to school to support, and they had to choose high-paying occupations that consumed physical strength.
"No labor relations, willing to give 2,000 yuan of humanitarian compensation"
In the half month after Han's death, the family has been pursuing who bears the responsibility for his work injury insurance. They believe that Han's accident occurred during working hours should be a work injury.
In this regard, on January 4, the staff of the takeaway platform responded that Han and the platform are not in an employment relationship, they are only willing to give the family 2,000 yuan in humanitarian expenses, "if you can't accept it, you can also defend your rights through litigation."
The staff member also said, "Any natural person can register to use the 'Hummingbird Crowdsourcing' app, when registering, the platform has relevant prompts, if it is not acceptable, you can choose not to register again, if you accept, it means that you agree with the relevant agreements of the platform." When choosing to pursue this profession, riders should conduct a risk assessment of their own situation, and vice versa, they are deemed to accept this risk. ”
In addition, Han's only protection is the 1.06 yuan accident insurance purchased at his own expense.
"Every morning when the first order is received, the platform will automatically deduct 3 yuan as the insurance premium for the day." The policy information provided by Han's family also shows that the insured is Han Mouwei, who insured a travel personal accident insurance of 1.06 yuan for 1 day (from 09:00 on December 21, 2020 to 23:00 on December 21, 2020). According to the insurance agreement, Han Mou's sudden death can only be compensated by 30,000 yuan.
In this regard, some netizens questioned: automatic deduction of 3 yuan of insurance premiums, but the policy information shows that only 1.06 yuan, the rest of the money is deducted by the platform?
The takeaway platform rider hotline responded that 3 yuan is not a premium, it is a platform service fee, after paying the service fee, the platform will give away an insurance, and the follow-up will also help deal with insurance issues.
"No labor relationship" into a platform disclaimer gold medal?
As soon as the response of the staff of the takeaway platform came out, it immediately caused a hot discussion, and many netizens questioned whether the takeaway platform was using "no labor relationship" to get out of itself. So, if a rider has an accident during the delivery process, will it be recognized as a work injury, and who should bear the liability for his work injury insurance?
Relevant legal sources said that in response to such incidents, it should first be determined whether there is an employment relationship between the rider and the platform.
In fact, there are two main management models for riders on the current takeaway platform, one is the full-time rider "special delivery" model affiliated with the delivery platform, and the other is the part-time rider who is registered through the platform, that is, the "crowdsourcing" model used by Han Mouwei. The exclusive delivery model generally does not have a disagreement over the labor relationship, and there is a dispute between the rider and the platform under crowdsourcing.
Taking the rider delivery platform "Hummingbird Crowdsourcing" under the takeaway platform as an example, when registering as a rider, the user must select "have read and agreed to the Hummingbird Crowdsourcing User Agreement", which clearly mentions that there is no form of labor/employment relationship between the user and hummingbird crowdsourcing.
According to the Hummingbird Crowdsourcing User Agreement, can it be clearly determined that there is no labor relationship between Han and the platform?
Some relevant legal people believe that the rider provides services in accordance with the instructions and management of the platform, and the income is also distributed according to the provisions of the platform, and there should be an employment relationship between the two.
"The platform party is ostensibly an information provider, providing information to diners, caterers and riders, but in essence, it uses the advantages of the platform to position itself as an information matchmaker, circumventing the employment obligations of the employing entity stipulated in the Labor Contract Law." Han Mouwei and the platform have personal and economic subordinate attributes, the two are the relationship between "management" and "managed" in the determination of labor relations, and the relationship between "management" and "managed" cannot be denied because Han and the platform do not fully correspond to the form of labor relationship stipulated in the Labor Contract Law.
However, some relevant legal experts believe that in the Han incident, there was no personal affiliation and domination relationship between the rider and the platform.
In the crowdsourcing mode, the rider's labor process and labor participation are determined by their autonomy, and the rider can freely choose the time to log in and receive orders, and has a certain degree of dominance, so the rider and the platform do not form an employment relationship.
At present, the relationship between platforms, merchants, riders and users has repeatedly entered the "bottleneck" period, and there are more issues worth pondering and exploring. To protect the rights and interests of takeaway riders, it is still necessary for the relevant departments to clarify the positioning of the labor relationship between the rider-type online contractor and the employment platform in the judicial situation, and incorporate the protection of riders into the legislative plan.
▌CCTV News Integrated Red Star News, Observer Network, etc
Producer 丨 Lu Yi
Producer 丨 Zheng Hong Wu Huifeng
Planner 丨 Zhang Qing Luo Xiao
Edited by 丨 Dani Wang