regarding the question of whether the takeaway brother has a labor relationship with the distribution company, the identification of work-related injuries is usually based on the fact that the employee has a labor relationship with the employer. Although the Labor Law and the Labor Contract Law stipulate that a labor contract should be concluded to establish a labor relationship, it is not uncommon in employment practice that there is a factual labor relationship with the employer without signing a labor contract or even paying social insurance premiums. To this end, the former Ministry of Labor and Social Security made a Notice on the establishment of labor relations between employers and workers (No.[2115]12 of the Ministry of Labor and Social Security). It should be noted that the Notice was issued in 2115, which is based on the consideration standard of labor relations under the traditional employment mode. However, with the penetration of Internet technology into traditional industries, the employment mode and employment form of employers have changed greatly, and the reference standard for determining labor relations in the Notice tends to be weak in appearance, even out of line with the actual employment mode, which leads to controversy. However, the rights of workers are not ignored because of the change of employment methods under the internet technology, and they cannot be separated from the protection of labor laws and regulations. Under the new economic format, it is necessary to accurately define the characteristics of employment under the economic model of "traditional industries in internet plus" combined with the basic characteristics of traditional labor relations.

Labor relations are rights and obligations relations with economic and personal subordination, which are formed by the two parties through mutual agreement that the laborer provides labor and the employer pays remuneration. Judging whether there is a labor relationship should be measured from two aspects: first, the reason and purpose of establishing a labor relationship between the two sides can only be to achieve exchange. Workers provide labor and employers pay the consideration, which is the basic feature of labor relations and the concrete manifestation of the economic subordination of labor relations. Second, the laborer must provide labor to the employer, and the employer who uses the laborer can use the laborer exclusively within the specified time. The so-called exclusive use means ordering and obeying. What the employer wants to gain by paying the consideration to the laborer is the right to control and use the labor force, which is the personal subordination of the laborer. The personal subordination of workers is the most essential feature of labor relations ...

In this case, the traditional dining method requires customers to go to restaurants to buy, and with the participation of the Internet, the "takeaway brother" provides food delivery service according to the ordering information distributed by the Internet, and the buyer can enjoy delicious food without leaving home. Such is the case in this case. A platform is only a provider of ordering and serving information. The platform collects the information of both the supplier and the demander, and the supplier and the demander choose it. The platform itself does not have the function of delivering food to the demander, but the delivery service needs the cooperation of a third party. The business scope of the distribution company includes "food sales, catering management services, and goods delivery services". The work that the takeaway brother is engaged in is an integral part of the distribution company's business, so the distribution company is the employer of the labor service providers of both the catering supply and demand sides. According to the evidence in the case, the monthly remuneration of the takeaway brother is paid by the distribution company. Although the takeaway brother also charges a certain commission fee from a certain platform, the commission of only 1,111 yuan per month is obviously not the consideration for the takeaway brother to pay labor every month. The takeaway brother can only get paid from the distribution company after providing the corresponding labor according to the requirements of the distribution company, which has economic subordination.

secondly, the takeaway brother in this case has personal subordination to the distribution company. According to the statement of the takeaway brother and the evidence provided, the takeaway brother is fixed at the "Jiangsu Non-delivery-Central South Station" point, with a special person for meetings, division of labor and assessment. The staff of the distribution company provide QR code registration, and the daily working hours, work tasks and monthly rest time are arranged by the distribution company. If it is not online on time, the distribution company has the right to stop work. Therefore, it can be clearly shown that the takeaway brother must obey the instructions of the distribution company, be managed and supervised by the distribution company, and the distribution company can restrain the takeaway brother through assessment and other means. Although the distribution company can engage in other employers' labor, this belongs to the free and sporadic arrangement of the distribution company outside the working hours and tasks, and does not affect the identification of the personal subordination of the distribution company by the takeaway brother in this case.

admittedly, the manifestations of labor relations under the new format of Internet economy are more diverse. This is the case with labor relations. The takeaway brother doesn't need to be fixed in the fixed place of the distribution company, and his working hours are relatively flexible. The distribution company helps the Internet technology to invisibly control the takeaway brother and work for him, and pays him according to the performance of the distribution company. Labor laws and regulations aim at protecting the legitimate rights and interests of workers, and cannot deny the existence of labor relations because of changes in the economic format.

finally, the court made a comprehensive judgment, and the accused industrial injury decided that the facts were clear, the applicable laws and regulations were correct, and the procedures were legal. According to Article 69 of the Administrative Procedure Law of the People's Republic of China,

Judgment: the lawsuit of a distribution company in Jiangsu was rejected.

The court of the above case supported the work-related injury identification of the Human Resources and Social Security Bureau, and held that there was a labor relationship between the takeaway brother and the distribution company. The court held that under the new economic format, with the development of Internet technology, it should be comprehensively defined by combining the characteristics of employment and the basic characteristics of traditional labor relations. In this case, the takeaway brother can only get paid from the distribution company after providing corresponding labor according to the requirements of the distribution company, which has economic subordination; The distribution company has a special person for meetings, division of labor and assessment. The staff of the distribution company provides QR code registration, and the daily working hours, tasks and monthly rest time are arranged by the distribution company. As a result, there is personal subordination between the takeaway brother and the distribution company, so the existence of labor relations cannot be denied because of the change of economic format.