work-related injuries. The takeaway rider was injured in the delivery process. Since he was injured in the delivery process, he was injured at work. Of course, it is a work-related injury and should be protected. Because of the particularity of the takeaway rider's work, to judge whether the takeaway rider was injured by the accident because of his work, we should focus on the analysis of the actual evidence and the work track of the takeaway rider on the day of the incident.
the characteristics of internet distribution catering business are that the working hours of take-away riders are very flexible. After punching in, take-away riders get their work tasks by grabbing orders by themselves, and then deliver them at designated places. After the users receive the ordered items, the delivery tasks are over, and the work places of take-away riders are always delivered, and the locations are changing at any time.
judging whether the accident injury suffered by the takeaway rider is due to work is closely related to whether the takeaway rider punches in for work, takes orders, and is in the process of taking meals and delivering meals. If the delivery task is not accepted, it cannot be determined that the accident injury suffered during this period is related to the work.
The phenomenon that take-away riders are called self-employed has aroused heated discussion. Research shows that there are now more than 1.9 million businesses in China, including individual industrial and commercial households with take-away delivery services. There is a great legal risk hidden in it. If the takeaway rider becomes an individual industrial and commercial household with "self-risk and self-financing", it means that he has lost the subject qualification of "laborer" at the legal level.
Take-away riders are advised to pay attention to the following four items.
1. Sign a written labor contract, and try to avoid the words "outsourcing", "cooperation", "dispatch" and "labor service" in the contract.
2. Mobile phones and distribution tools should be uniformly equipped by the company, which will help to identify labor relations.
3. Pay attention to the collection and preservation of evidence that can prove labor relations.
4. Fixed working hours, attendance system, management norms and salary system are all of definite significance for the establishment of labor relations.
Legal basis:
Regulations on Work-related Injury Insurance
Article 14 An employee shall be deemed as a work-related injury under any of the following circumstances:
(1) During working hours and workplaces, he is injured by an accident due to work reasons;
(2) being injured by an accident when he is engaged in preparatory or finishing work related to work in the workplace before and after working hours;
(3) During working hours and in the workplace, he is injured by violence or other accidents due to the performance of his duties;
(4) suffering from occupational diseases;
(5) During the work trip, he was injured or his whereabouts were unknown due to work reasons;
(6) being injured by a traffic accident or an urban rail transit, passenger ferry or train accident for which I am not primarily responsible on my way to and from work;
(7) Other circumstances that should be recognized as work-related injuries as stipulated by laws and administrative regulations.