At the end of December last year, Beijing, a 43-year-old hungry rider Han in the process of delivery of sudden death, the incident has been more than half a month, after the police investigation and evidence collection, has confirmed that Han belongs to the sudden death of the situation in which Han's family to pursue the relevant workers' compensation insurance responsibility, hungry company has made a statement on this, they believe that Han and the takeaway platform does not constitute the so-called employment relationship, so the platform is not necessary to give compensation, they can provide the family 2,000 yuan for humanitarian reasons, the platform said there is no labor relationship. The platform is not necessary to give claims, they can provide the family with 2000 yuan of condolences out of the humanitarian spirit, the claims process must be confirmed by the insurance company to implement.
Third-party labor contracts are prevalent in employment enterprisesThe sudden death of the hummingbird crowdsourcing delivery staff and hungry company really did not sign a relevant labor contract, but only in the registration of this part-time APP agreed to commit to a relevant commitment, because this crowdsourcing platform belongs to a kind of part-time behavior, which is fundamentally different from the hungry full-time delivery staff, throughout the many of our employment enterprises now! This labor contract system is also prevalent, often an enterprise using an outsourcing company with the entry of new employees to sign the so-called labor contract, if the employees and business units caused by labor disputes, the only labor unit to dump the pot to the third-party labor company, so that they can shirk their responsibilities, this is a very common practice in the industry, the purpose of doing so is to pay a certain amount of personnel management costs to the third-party outsourcing company. This is a common practice in the industry, the purpose of doing so is to pay a certain amount of personnel management costs to the third-party outsourcing company, the purpose is to avoid disputes arising from the employment relationship in the future.
How do you know if there is an employment relationship?We all know that the sudden death of the deliveryman belongs to a common delivery industry nowadays, nowadays there are two main ways of riders, one is the full-time deliveryman who signed a labor contract with the delivery platform as well as the part-time deliveryman who registered himself through the platform, if the full-time deliveryman is involved in a workplace accident, the delivery platform has the responsibility and the obligation to provide the corresponding compensation of workplace insurance, while the part-time rider, there is often no substantial labor relationship. Riders, often there is no substantive labor relations, so the law to determine, part-time delivery riders are often in the wrong side.
The prevalence of this kind of employment relationship, in the current situation, the relevant departments of justice in China should be clear that this part-time behavior of the labor relationship, but also to ensure that the legal rights and interests of the relevant practitioners.