Half a month ago, Han Mouwei, a 43-year-old ele. me rider, died while making a 34th delivery after making 33 deliveries. His family members were told by Ele. me that Han had nothing to do with the platform and only provided 2,000 yuan to his family members, while the insurance company was responsible for the settlement of claims.
Family members have tried to contact Ele. me, but they were told that they could only pay 2,000 yuan for humanitarian expenses and that the rest would be covered by the insurance company. “We have also applied for insurance, but only 30,000 yuan will be paid for sudden death,” they said.
Half a month ago, Han Mouwei, a 43-year-old ele. me rider, died in the middle of his 34th delivery after making 33 deliveries. His family members were told by Ele. me that Han had nothing to do with the platform, and the platform was willing to provide 2,000 yuan to his family out of humanitarian concerns, while the insurance company was responsible for the rest of the compensation.
Through data sorting, Red Star News reporter found that in the horse-related disputes, the court does not have a unified standard in the judgment, and the compensation subject is not clear. Zhao Jianli, a lawyer from Beijing Zhongming Law Firm, told Red Star News that if a rider has an accident on the way of delivery, he should first determine whether there is a labor relationship between the rider and the platform, and then ask the other side to assume the corresponding liability for industrial injury insurance.
Before his death, the rider had delivered 33 takeaway orders
At 9 am on December 21, 2020, Han Mouwei, a food delivery rider, opened the Hummingbird Crowdsourcing App on his mobile phone and began to take orders and deliver goods, riding an electric scooter with the logo “Are you hungry?” in the tail. Before that, he had taken out a $1.06 travel personal accident insurance policy with Pacific Insurance.
At 9:13 that day, Han received his first delivery order, which soon ushered in the lunch delivery peak. According to the platform delivery records provided by his family, Han received 33 orders on Dec 21, including 12 between 11 and 12 PM alone. “He eats and rests between 2 and 3 p.m.” Han Mouwei’s brother Han told Red Star News reporters, Han Mouwei in the day after lunch (i.e. 21 at 2:57 p.m.) began to receive orders for distribution, but at 5 p.m. on the way to deliver more than an accident.
According to Han, Han Mouwei received delivery orders at 17:23 on the same day, at 17:40 arrived at Beijing Xiangjiang North Road 28 a restaurant to take the food, then on the way to deliver the food collapsed and died. In addition, according to the death certificate issued by the Chaoyang Branch of the Beijing Municipal Public Security Bureau and the conclusion of the investigation on Han’s death, the police rushed to the scene after receiving the report, and after on-site investigation and autopsy, found the death of Han, and concluded that his death was not a criminal case, but a sudden death.
“He has always been in good health and does not take medicine.” Han’s wife, surnamed Wang, told Red Star that she and Han came to Beijing in February 2020 from Hongdong, Shanxi province. “We didn’t have a comprehensive physical examination, but when he chose to work as a delivery man in March last year, he went to apply for a health certificate, and all of them met the standards.”
On Han’s health certificate, the Red Star News reporter saw that the certificate was issued by the Beijing Center for Disease Control and Prevention, and the validity period was March 26, 2020 solstice and March 25, 2021, and the category of practice was food hygiene. In addition, according to Wang, at that time for health certificate, Han Mouwei had done chest X-ray, internal medical examination, examination, blood collection and other projects, all without any problems.
“The accident happened while he was working at work. It should have been an injury.” Korea so-and-so told red star news, they have tried to contact “hungry” platform, hope to get ping island’s claims, but told them that the other Han Mou wei and platform, not employment relationship, can only give the humanitarian cost of 2000 yuan, the other is given priority to with the claim of insurance company, the insurance we also apply over there, sudden death being paid only 30000 yuan.”
Because there is no labor relationship with the platform, most riders lose lawsuits to protect their rights
On January 4, a reporter from Red Star News contacted a staff member of the Ele. me platform as Han’s family member. Each other made it clear that Han Mou wei has nothing to do with the platform, they only want to give family humanitarian cost 2000 yuan, “any natural person can register to use ‘hummingbird crowdsourcing APP, at the time of registration, the platform has related tips, if you can’t accept, can choose no longer register, if accepted, said recognition platform related conventions.” In addition, riders should make a risk assessment of their own situation when they choose to take up the profession, and vice versa, they should be deemed to accept the risk, the official said.
The Ele. me online food ordering platform is a business segment operated by Shanghai Lazarus Information Technology Co., Ltd. Hummingbird Delivery is a food delivery platform of the company. After downloading and registering for the “Hummingbird Crowdsourcing” APP, Red Star News found that users have to read three relevant agreements and letters of commitment before registering as a rider on the platform. Among them, in the “Hummingbird Crowdsourcing User Agreement” book, there is a special note that makes it clear that Hummingbird Crowdsourcing only provides information matching service, the user and Hummingbird Crowdsourcing have no form of labor/employment relationship.
Han told Red Star News that they had consulted a lawyer about the agreement and were told that there had been many such cases before and the rider’s side had mostly lost the lawsuit. “We didn’t have a high degree of education and lacked awareness of legal provisions. We thought that if we registered for the platform, we would be a member of the platform if we wore work clothes.” Wang said that she did not know how to protect their rights, only hope to get more compensation, to maintain the livelihood of the family.
After checking relevant reports, Red Star News found that riders like Han died suddenly while delivering food, and most of them did not get compensation because they had no labor relationship with the platform. For example, in January 2019, a Meituan rider died while delivering food in Xi ‘an. Court ruled that room platform just information service platform, and signed with the rider “crowdsourcing platform service agreement” third-party technology companies are just as crowdsourcing platform ZuoQuanRen, the ownership of the electronic services and for the register of merchants and consumers on the crowdsourcing platform provide network information service, crowdsourcing engineer, not participate in the actual business behavior and trade behavior, is not the main body of labor employment, nor labor remuneration to the payer. Merchants and consumers who register and trade on the platform are the actual labor workers and payers of labor remuneration.
Therefore, the court affirmed that there is no labor relationship between the rider and the above-mentioned company, and rejected the lawsuit request of the rider’s parents that the Meituan crowdsourcing platform and the third-party technology company jointly pay the one-time death subsidy, funeral expenses and pension for their relatives.
Who will be responsible for the accident in the distribution? Lawyer: We should first judge whether there is a labor relationship between the two parties
If the rider has an accident on the way of distribution, will it be identified as a work-related injury? Who should be responsible for its work-related injury insurance? Zhao Jianli, a lawyer from Beijing Zhongming Law Firm, said that in response to such incidents, it is necessary to judge whether there is a labor relationship between riders and platforms.
Jian-li zhao lawyer, said the current food industry, the rider is mainly divided into two categories, namely belonging to distribution platform of full-time rider and through the platform to register part-time rider, “if the rider directly employed by the platform or meal, in the case of inductrial injury accident, take-out platform or meals have a duty to undertake the rider of inductrial injury insurance liability to pay compensation.”
However, in the current food delivery industry, riders are mostly part-time riders who are self-registered. “In this case, they mostly provide intermediary services for the food delivery platform. After receiving the order, riders fulfill the transportation service contract reached with the merchants, rather than complete the task based on the labor relationship with the platform company.” Zhao Jianshe, a lawyer, said that the model is similar to the current popular online taxi booking, online booking chefs and other autonomous ordering models, with greater autonomy. “Therefore, courts generally do not recognize the existence of a labor relationship between platforms and riders when deciding related disputes.”
For Han Mou wei, jian-li zhao lawyers argue that Han Mou wei with Taiwan side, there is labor relationship between the surface is flat Taiwan side information provider, to provide information to diners, meals and rider, but in essence is to use the platform advantages, positioning itself for information broker, avoid the employment of labor his obligations under the labor contract law.”
Jian-li zhao lawyer said Han Mou wei and platform has personal and economic properties, the two are identified in labor relations “management” and “management”, “first of all, Han Mou wei personal affiliate platform, according to the instruction, management platform to provide services, namely according to the relevant provisions of the” hungry? “provide service for diner. Second, Han is financially dependent on the platform. His income does not come directly from or be negotiated with the diners, but is distributed according to the platform’s regulations.”
“Although Han and the platform do not exactly correspond to the form of labor relationship stipulated in the Labor Contract Law, this does not negate the relationship between him and the platform between management and management.” Lawyer Zhao Jianli said that under the current circumstances, it is necessary for relevant departments to define the position of the labor relationship between the horseman online contract and the employment platform on the judicial level, and bring the protection of the horseman into the legislative plan.
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