Legal analysis: new rules of take-away industry: online catering platforms and third-party cooperative units should reasonably set up a performance appraisal system for take-away food delivery staff. When formulating systems or major issues involving the vital interests of take-away food delivery staff, such as adjustment assessment, rewards and punishments, it should be publicized in advance and fully listen to the opinions of take-away food delivery staff and trade unions. To optimize the algorithm rules, we should not take "the strictest algorithm" as the assessment requirement, but reasonably determine the assessment elements such as order quantity and online rate through "algorithm selection" and appropriately relax the delivery time limit. Network catering platform should give full play to the advantages of data technology, further improve the order delivery mechanism, optimize the round-trip route of take-away food delivery staff, and reduce labor intensity.

Legal basis: The Guiding Opinions of the State Administration of Market Supervision, the National Network Information Office and the National Development and Reform Commission on Implementing the Responsibility of Online Catering Platforms and Effectively Safeguarding the Rights and Interests of Take-away Food Delivery Personnel Article 3 optimizes the platform food delivery mechanism to effectively guarantee labor safety. Network catering platform should give full play to the advantages of data technology, further improve the order delivery mechanism, optimize the round-trip route of take-away food delivery staff, and reduce labor intensity. Scientifically determine the order saturation, and fully consider the safety factor when distributing the order quantity to the delivery staff. Reasonable control of online working hours, continuous delivery for more than 4 hours, the system will send a fatigue reminder, no more delivery within 20 minutes. Strengthen daily traffic safety education, conduct regular safety training, guide and urge take-away food delivery personnel to strictly abide by traffic laws and regulations, wear safety helmets throughout the riding process, and use delivery vehicles that meet national safety standards to ensure labor safety.