原标题：你饿了吗？ 一名骑手突然死亡：向平台支付3元服务费，仅花费1.06元购买保险？您是否饿了：会将骑士的保险额度提高到60万元
概要
[Areyouhungryariderdiedsuddenly:Ipaid3yuanfortheplatformandonlyspent106yuanoninsurance?RecentlyElemethetakeawayriderHanMouweidiedsuddenlyduringthedeliveryofthemealOnJanuary6HanMouwei’syoungerbrotherMrHantoldreportersthathisfamilymemberswerehungryaftertheincidentHewastoldthatHanMouweiwasahummingbirdcrowdsourcingriderandhadnolaborrelationshipwiththeplatformHecouldonlycooperatewithhisfamilytoapplyforaccidentinsuranceclaims2000yuancanbegiventofamilymembersforhumanitarianplatforms(SouthernMetropolisDaily)
Recently, Ele.me takeaway rider Han Mouwei died suddenly during the delivery of meals, which caused heated discussions. On January 6, Han Mouwei’s younger brother, Mr. Han, told reporters that the family members contacted after the incident and were hungry. He was told that Han Mouwei was a hummingbird.CrowdsourcingRider, with platform withoutlaborRelationship, can only cooperate with family members to apply for accident insurance claims, because of the humanitarian platform, family members can be given 2,000 yuan.
The reporter learned from the relevant staff of Ele.me that Ele.me riders are divided into two types: special delivery and crowdsourcing. “Crowdsourcing riders do not have a contract issue. They are equivalent to freelancers. You can choose to run. Choosing to run on other platforms has not reached any agreement on workload and working hours.”
In addition, Han’s family members also raised related questions about accident insurance compensation. The Hummingbird crowdsourcing platform deducts 3 yuan for insurance after the rider starts work every day, but the insurance policy shows that the premium is only 1.06 yuan. In this regard, Hummingbird crowdsourcing customer service said that because the daily orders and orders are provided by the platform, a service fee of 3 yuan will be charged as long as the work is started.
The takeaway rider died suddenly while delivering the meal
Family members said they had not been found sick before
On December 21, 2020, the 43-year-old Ele.me takeaway rider Han Mouwei, as usual, started a day’s delivery work from 9 o’clock in the morning. At around 5 pm, Han Mouwei fell on the way to deliver food. According to the platform distribution records provided by Han Moouwei’s younger brother, Mr. Han, Han Moouwei had delivered 33 orders that day, and he was delivering the 34th order when the accident happened. “When he had an accident, there were 4 undelivered orders in the motorcycle box. Finally,clientcancelled. “Mr. Han said.
Mr. Han told reporters that his brother Han Mouwei started work at about 9 o’clock in the morning and went home around 9 o’clock in the evening. He could deliver 40 orders a day.
After the incident, the family members watched the surveillance footage at the Chaoyang Branch of the Beijing Municipal Public Security Bureau. According to Mr. Han, at that time, Han Mouwei was riding a motorcycle on the right-most lane, suddenly turned from the right-most lane to the left-most lane, and then fell to the ground. “Later, I heard from the police that some people went to the rescue at that time, but the people were no longer good.”
The appraisal conclusion notice issued by the Chaoyang Public Security Bureau showed that the bureau hired relevant personnel to conduct a forensic appraisal of Han Mouwei’s body, and the conclusion was that it was in line with sudden death. The bureau also issued a death certificate, again confirming this conclusion.
Death certificate
“He has never been hospitalized at the age of 43. He usually doesn’t take medicine. He has no problems.” Mr. Han said that Han Mouwei applied for a health certificate in Beijing in March 2020. He underwent a series of examinations such as chest x-rays at that time. No problems. Mr. Han suspects that his brother may have died suddenly due to overwork. According to his introduction, Han Mouwei came to Beijing from his Shanxi hometown to work with his wife because there were two elderly people in his family and two children who were going to school. Occupation.
Family members are told that the rider has no labor relationship with Ele.
2000 yuan for humanitarian reasons
After the incident, the family members believed that Han Mouwei had an accident during the delivery of the meal, which should be a work-related injury, and contacted Ele.me platform to obtain compensation, but was told that Han Mouwei had no labor relationship with the platform and could only cooperate with his family to apply for accident insurance. Claim settlement. According to family members, accident insurance can claim 30,000 yuan, and Ele.me said that it can give family members 2,000 yuan for humanitarian reasons.
According to Mr. Han, the other party told him that Han Mouwei is a Hummingbird crowdsourcing rider. The user agreement has been stipulated when registering the Hummingbird crowdsourcing App. Agreeing and registering indicates that the relevant agreement of the platform is recognized. “Our legal awareness is relatively weak. I didn’t understand this and didn’t read it. When registering, I directly agreed. The clause says that there is no labor relationship, but it is indeed delivered on their platform, and the uniform dress is also required by the platform. I don’t know why there is no labor Relationship.” Mr. Han said.
On January 7, the reporter contacted an Ele.me platform on this matter.Public relations staff, The other party said that they don’t understand the matter temporarily.forcontractRelationship, the other party said that Ele.me riders are divided into two types: special delivery and crowdsourcing. Special delivery riders can only run orders for Ele.me and Ele.me.proxyQuotientthe companySign up. “Crowdsourcing riders have no contracting issues. They are equivalent to freelancers. Can they choose to run hungry or run on other platforms. There is no agreement on workload and working time.”
Subsequently, the reporter contacted the staff of the Ele.me platform who was in charge of docking with Mr. Han to verify. The other party said that they did not have the job responsibilities of docking the media and it was inconvenient to disclose. Other staff would reply later.
According to the recording of the conversation with the staff member provided by Mr. Han, on January 4, the other party stated that the relevant situation of Han Mouwei had been reported to the superior, and the superior responded that he could only give 2,000 yuan for humanitarian reasons, and other compensations could not be paid. . If the family members do not agree, they can defend their rights through litigation or other channels.
The reporter downloaded the Hummingbird crowdsourcing app and found that when registering as a rider on the platform, you must read and agree to three related agreements and commitments. In the “Hummingbird Crowdsourcing User Agreement”, there is oneSpecial NoteIt is stated that Hummingbird crowdsourcing only provides information matching services, and there is no labor/employment relationship between users and Hummingbird crowdsourcing.
There are no factual labor relations in previous judgments
Some courts believe that an employment relationship is established
Mr. Han said that the family members had consulted relevant lawyers regarding the above-mentioned agreement. The lawyers stated that there had been many similar cases before, but most of them were lost by the rider.
The reporter searched the Judgment Document Network and found that there were indeed hummingbird crowdsourced riders who were found by the court to have no de facto labor relationship with Ele.me.
According to a civil judgment of the second instance, Zhou registered as a hummingbird crowdsourced rider in March 2018. On July 25 of the same year, it happened on the road.trafficAfter the accident, Zhou no longer grabs orders to deliver meals.Later, Zhou took the Shanghai Lazars Information Technology Co., Ltd. (hereinafter referred to as Lazars Information Company) behind Ele.me to court, and the request was to confirm the existence of facts between the plaintiff and the defendant from March 25, 2018. Labor relations; the defendant pays the plaintiff without signingLabor ContractDouble salaryThe difference.
The court of first instance found that Lazars Information Company has successively developed and operated two platforms, “Ele.?” and “Hummingbird crowdsourcing”, among which Hummingbird crowdsourcing is mainly for natural persons.part timeBecome a distributor to provide platform services. When registering a Hummingbird crowdsourcing user, a natural person must read and agree to the “Hummingbird Crowdsource User Agreement” in advance, which states that Hummingbird crowdsourcing only provides information matching services and there is no labor/employment relationship between users and Hummingbird crowdsourcing.
The court of first instance held that Zhou is a user (rider) of the Hummingbird crowdsourcing platform. The biggest feature of the platform that is different from the Ele.me platform is that it is part-time. Natural persons can register by themselves and can become a rider by agreeing to the agreement. The platform is only a rider. Provide information matching services with customers, and there is no personal dependence between riders, riders can grab orders at any time according to their wishes, and can also terminate the order at any time. The platform does not manage the employment of riders, does not specify attendance time, does not assign work tasks, and does not limit the time and number of orders.Although the platform manages the rider’s customer satisfaction, complaints and other issues, this is the management of business quality and efficiency.enterpriseBased on the measures that must be taken for operation, this management is fundamentally different from the employment management in labor law. In summary, the relationship between Zhou and Lazas Information Company does not meet the conditions stipulated in Article 1 of the “Notice on Matters Concerning the Establishment of Labor Relations”, and the two parties shall not establish labor relations.
The court of first instance ruled to dismiss Zhou’s claim. Zhou refused to accept and filed an appeal. The court of second instance held that there was no de facto labor relationship between Zhou and Lazars Information Company, and the argument of the first instance judgment was correct. In the end, the court of second instance ruled, rejected the appeal and upheld the original judgment.
The reporter noticed that some courts held that although the rider did not sign any written contract with the delivery platform company, he established an employment relationship with the delivery platform company after he accepted the delivery task.
According to the official WeChat of the People’s Court of Wuxing District, Huzhou City, Zhejiang Province on September 11, 2020, in December 2019, after receiving an order from a delivery company, Xiao Wang, the takeaway boy, hit a pedestrian crossing the road during the delivery. Pharaoh. The traffic police determined that Xiao Wang was primarily responsible for driving the electric vehicle too fast, while Pharaoh was responsible for crossing the road in violation of regulations.Later, due to compensation issues, an agreement could not be reached. Pharaoh asked Xiao Wang, a certain distribution platform company, and a certainInsuranceThe company filed a lawsuit to the court, and the court ruled that the distribution platform company and Xiao Wang were jointly liable for compensation.
According to reports, although Xiao Wang has not signed any written contract with the delivery platform company, he provides services to customers in the name of online ordering and delivery of the platform, and is subject to the platform management system when providing delivery services, and the remuneration is provided by the platform. Therefore, regardless of whether Xiao Wang signs a contract with the company, he has established an employment relationship with the distribution platform company after accepting the delivery task. Xiao Wang has a traffic accident during the delivery process, and the company as the employer shall bear Liability.
The platform deducts 3 yuan per day for premiums of only 1.06 yuan
Customer service said that it will charge 3 yuan service fee when starting work
In terms of accident insurance compensation, Mr. Han told reporters that the accident insurance that Han Mouwei has insured is that the platform deducts 3 yuan from the first freight delivered by the hummingbird crowdsourcing rider every day.Han Mouwei’s electronic insurance policy on the day of the accident showed that Han Mouwei was insuredThe Pacific OceanInsuranceAn accidental injury of a touristInsuranceofproduct。
Among them, the insured is Shanghai PeirenCorporate ServicesOutsourcingCo., Ltd. Anhui SuzhouBranch office, WasInsuranceThe person is Han Mouwei, the premium is 1.06 yuan, the insurance period is one day, from 9:00 on December 21, 2020 to 23:00 on December 21, the insurance premium for sudden death is 30,000 yuan.
Why does the platform deduct 3 yuan, but the actual insurance premium is 1.06 yuan?
Are you hungry for responding to sudden death rider deducted 3 yuan a day
According to the platform deduction record provided by Mr. Han, the deduction time of the money is at 9:09 on December 21, 2020, which is called the platform service fee. On January 7, the reporter asked the aforementioned Ele.me public relations staff for confirmation on accident insurance. The other party said that it is not clear about the rider’s daily insurance coverage and needs to be verified.
After the reporter passed the registration of the Hummingbird crowdsourcing app, he entered “insurance” in the consultation customer service interface, and the intelligent customer service replied that the platform will deduct the platform service fee of 3 yuan when the first order is received after the Cavaliers start work every day, and the insurance policy number will be generated. Purchase insurance on the same day. After entering keywords such as “platform service fee”, “what is the platform service fee”, and “what is included in the 3 yuan platform service fee”, the intelligent customer service did not reply to relevant answers.
After transferring to the manual customer service, the reporter asked the above questions. The customer service said that the platform will have a service fee of 3 yuan every day, because the platform provides a service fee of 3 yuan as long as the work starts. The Ele.me rider hotline stated that 3 yuan is not a premium, but a platform service fee. After paying the service fee, the platform will give away a copy of insurance, which will help deal with insurance issues later.
At the same time, the customer service said that the Hummingbird crowdsourcing platform only charges a service fee of 3 yuan, and the delivery fee is as much as shown on the App. If there is no illegal operation, there will be no fines or deductions.
In 2020, a report titled “Takeaway Riders, Stuck in the System” was caused on the InternetpublicThe extensive attention of the takeaway industry, the article quoted the viewpoint of the sociologist Zheng Guanghuai.According to Zheng Guanghuai, 3 yuan is deducted every day to insure the riderLabor and Social SecurityThe system is actually a clever transfer of the takeaway platform’s own responsibilities.
In an interview with the media, he once described the food delivery platform as a “hands-off shopkeeper”, “The platform will contract the delivery business to an outsourcing company to terminate the direct employment relationship (with the workers). The insurance problem is that the workers purchase accident insurance and traffic accidents occur. The platform can be pushed toInsurance company。”
Are you hungry? Will increase the Cavaliers insurance coverage to 600,000 yuan
This afternoon, Ele.me said in response to the previous sudden death of a Beijing rider that the current crowdsourced rider’s insurance structure is unreasonable and the underwriting amount is still insufficient. It has urgently discussed with all parties to promote the improvement of protection and structural optimization. The insured amount will be raised to 600,000 yuan. Before the implementation of the new insurance rules, the platform will provide pensions. The 600,000 yuan pension in this incident will be delivered to the knight’s family within this week.
(Source: Southern Metropolis Daily)
(Editor in charge: DF537)
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