Half a month ago, 43-year-old hungry rider Han Mouwei in the delivery of 33 single take-out, collapsed in the 34th single take-out delivery on the way. After the police investigation, Han Mouwei died suddenly. The family in the pursuit of its workplace injury insurance responsibility by who, was hungry to tell, Han Mouwei and the platform does not have any relationship, the platform for humanitarian reasons, would like to provide the family with 2,000 yuan, the other insurance company claims-based.
Through information combing, the reporter found that in the case of disputes related to riders, the court did not have a uniform standard in the verdict, the main body of the payout is not clear. Beijing Zhongming law firm Zhao established lawyers told reporters, if the rider in the delivery of the accident, should first determine whether the rider and the platform labor relations, and then to require the other party to assume responsibility for the corresponding work-related injuries insurance.
The rider died on the way to deliver food
Before his death, he had delivered 33 takeaway orders
December 21, 2020 at 9 a.m., the take-away rider Han Mouwei as usual riding marked with “hungry” trademark tailgate on the electric car, open the phone “Hummingbird crowdsourcing” App to start taking orders for delivery. Before that, he also insured himself in the Pacific insurance a 1.06 yuan of travel personal injury insurance.
At 9:13 that day, Han Mouwei received his first delivery order, and soon ushered in the peak delivery period at lunchtime. According to the platform delivery records provided by his family, on the day of December 21, Han Mouwei received a total of 33 orders, with 12 orders within 11:00 to 12:00 only. “He is between 2 p.m. and 3 p.m. dinner break. “Han Mouwei’s brother Han Moumou told reporters that Han Mouwei began to take orders for delivery after lunch that day (i.e., 2:57 p.m. on the 21st), but had an accident on the way to deliver food at 5 p.m. or so.
According to Han, Han Mouwei received a delivery order at 17:23 that day and rushed to a restaurant at 28 Xiangjiang North Road in Beijing at 17:40 to pick up food, and then collapsed and died on the way to delivery. According to the death certificate issued by the Chaoyang Branch of the Beijing Municipal Public Security Bureau and the conclusion of the investigation on the death of Han Mouwei, the police rushed to the scene after receiving the report and found Han Mouwei dead after on-site investigation and post-mortem examination, and concluded that his death did not belong to a criminal case, the conclusion of sudden death.
“His health has been very good, and usually did not take medicine. “Han Mouwei’s wife Wang told reporters that she and Han Mouwei Department of Shanxi Hongdong people, came to Beijing in February 2020 to earn a living. Because the family has farming parents and 2 children in school need to support, they had to choose a physically demanding high-wage occupation, “we have not done a comprehensive medical examination, but last March when he chose to do take-away, he had specifically to go through the health certificate, are in line with the standards. “
In Han Mouwei’s health certificate, the reporter saw that the certificate is issued by the Beijing Center for Disease Control and Prevention, valid from March 26, 2020 to March 25, 2021, the category of practice is food hygiene. According to Wang’s recollection, at that time for the health certificate, Han Mouwei did chest X-ray, internal examination, stool test, blood collection and many other items, all without any problems.
“He worked during working hours when the accident occurred, should be a work injury. “Han told reporters that they have tried to contact the hungry platform, hoping to get the platform side of the claim, but the other side told them that Han Mouwei and the platform is not an employment relationship, can only give 2,000 yuan of humanitarian costs, the rest to the insurance company’s claims. “Insurance side we also applied for, sudden death was only awarded 30,000 yuan. “
Because there is no labor relationship with the platform
Rider rights are mostly lost
January 4, the reporter to Han Mouwei family identity contacted a staff member of the hungry platform. The other side made it clear that Han Mouwei has no relationship with the platform, they are only willing to give the family 2,000 yuan of humanitarian expenses, “any natural person can register to use ‘Hummingbird crowdsourcing’ APP, at the time of registration, the platform has the relevant tips, if you can not accept, you can choose not to register, if once accepted, it is said to endorse the relevant agreement of the platform. “In addition, the staff also said that riders in the choice to engage in this occupation, should do a risk assessment of their own situation, and vice versa is considered to accept this risk.
It is understood that the hungry online ordering platform belongs to the Shanghai Lazarus Information Technology Co. The company’s food delivery platform. By downloading and registering the “Hummingbird Crowdsourcing” APP, the reporter found that before registering as a rider on the platform, users must read three related agreements and commitments. In the “Hummingbird Crowdsourcing User Agreement” book, there is a special reminder that Hummingbird Crowdsourcing only provides information aggregation services, and there is no form of labor/employment relationship between the user and Hummingbird Crowdsourcing.
Han told reporters that they had specifically consulted lawyers regarding the above agreement and were told that there had been a number of such cases before, with the rider side mostly losing. “We, as a couple, are not highly educated and not sufficiently aware of the legal terms and conditions, thinking that we are part of the platform after registering and wearing the work uniform. “Wang said, at present, she also do not know how to defend her rights, only hope to get more compensation to maintain the family’s livelihood.
By checking the relevant reports, the reporter found that there are many incidents like Han Mouwei, a rider who died suddenly on the way to deliver food, and most of them did not receive compensation because they had no labor relationship with the platform. For example, in January 2019, Xi’an had an incident where a Meituan rider died suddenly on his way to deliver meals. The court ruled that the delivery platform was only a platform for information dissemination services, and the third-party technology company that signed the “crowdsourcing platform service agreement” with the rider was only acting as a crowdsourcing platform The court ruled that the third-party technology company that signed the “Crowdsourcing Platform Service Agreement” with the rider was only the owner and operator of the various electronic services, providing network information services for the merchants, consumers, and crowdsourcers registered on the crowdsourcing platform, not participating in the actual business and transaction behavior, not the subject of labor employment, nor the payer of labor compensation. The merchants and consumers who registered and traded on the platform are the actual labor employers and payers of labor compensation.
Therefore, the court found that there was no labor relationship between the rider and the aforementioned company, and rejected the rider’s parents’ request for the Meituan crowdsourcing platform and the third-party technology company to jointly pay the lump-sum work-related death benefit, funeral expenses and dependent family pension.
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