Whether the takeaway boy and the delivery company has a labor relationship, the determination of work injury is usually based on the premise that the employee and the employer have a labor relationship, although the labor law and labor contract law and other laws and regulations to establish a labor relationship, labor contracts should be concluded, but in the practice of employment, do not sign a labor contract or even do not pay social insurance premiums, but the phenomenon of a de facto labor relationship with the employer is not uncommon. However, in labor practice, the phenomenon of not signing a labor contract or even not paying social insurance premiums but having a de facto labor relationship with the employer is not rare. For this reason, the former Ministry of Labor and Social Security has made a Notice on the establishment of labor relations between employers and workers (Ministry of Labor and Social Security [2005] No. 12) ....... It should be noted that the Circular was issued in 2005, which is based on the criteria for consideration of labor relations under the traditional employment model, and with the penetration of Internet technology into traditional industries, the employment methods and patterns of employment of employers have changed considerably, and the reference criteria for determining the labor relations under the Circular tend to be weakened in appearance, and even have a certain degree of disconnection with the real employment model, leading to disputes over the determination. However, the rights of workers should not be disregarded due to the changes in the mode of employment under the Internet technology, and they should not be left out of the protection of labor laws and regulations. Under the new state of the economy, it is necessary to accurately define the characteristics of employment under the economic model of "Internet + traditional industries" combined with the basic features of traditional labor relations.

Labor relationship is the two parties through the consent of the laborer to provide labor, the employer to pay the remuneration formed by the economic and personal subordinate rights and obligations of the relationship. To determine whether there is a labor relationship should be measured from two aspects: First, the two sides to establish labor relations can only be the reason and purpose of the exchange. The worker provides labor and the employer pays the consideration, which is the basic feature of the labor relationship and the specific manifestation of the economic subordination of the labor relationship. Secondly, the laborer must provide labor to the employer, and the employer who uses the laborer may use the laborer exclusively for a specified period of time. The so-called exclusive use is command and obedience. What the employer pays the worker in exchange for the worker is the right to dominate and use the labor, which is the worker's personal subordination. The worker's personal subordination is the most essential feature of labor relations ......

Specific to this case, the traditional way of dining needs customers to the food store to buy, but in the Internet participation, "takeaway boy" according to the Internet distribution of the ordering information to provide Delivery service, the demand side can enjoy delicious food without leaving home. This is the case here, a platform is only the provider of ordering and supplying information, the platform will be the supply and demand side of the information gathered by the supply and demand side of the choice, the platform itself does not have to the demand side of the function of delivery of food, and delivery of labor need to be completed by a third party collaboration. Distribution company distribution company's business scope includes "food sales, catering management services, on behalf of the delivery of goods services", takeaway boy takeaway boy engaged in the work of the distribution company is part of the operating business, so the distribution company is the catering supply and demand side of the labor provider of the employer. According to the evidence in the case, the delivery boy monthly remuneration issued by the distribution company, the delivery boy although also from a platform to collect a certain commission fee, but only 100 yuan per month commission, obviously not the delivery boy monthly labor price. The delivery boy only according to the delivery company requirements to provide the corresponding labor can be from the delivery company company to obtain remuneration, thus has the economic subordinate.

Secondly, the delivery boy in this case has personal subordination to the delivery company. According to the statement of the delivery boy and the evidence provided, the delivery boy fixed in the "Jiangsu non-delivery - Zhongnan Station" point, there are people meeting, division of labor, assessment, the delivery company's staff to provide two-dimensional code registration, the daily working hours, work tasks, and monthly rest time are arranged by the delivery company. If they do not go online on time, the delivery company has the right to stop work. Therefore, it can be clearly demonstrated that the delivery boy shall obey the instructions and orders of the delivery company, be managed and supervised by the delivery company, and the delivery company can restrain the delivery boy by means of assessment and other means. Although the delivery company may additionally engage in the labor of other employers, but this is the delivery company in the working time, work outside the task of free sporadic arrangements, and does not affect the case of the delivery boy to the delivery company of the personal subordination of the determination.

It is true that the forms of labor relations in the new Internet economy are more diversified, and the labor relations in this case are such that the delivery boy does not need to be fixed in the delivery company's fixed place, and the working time is relatively flexible, and the delivery company provides the help of the Internet technology to control the delivery boy invisibly and to work for him and to pay him according to the performance of the delivery company, and the labor laws and regulations are based on the protection of the lawful rights and interests of laborers. The labor laws and regulations are designed to protect the legitimate rights and interests of workers, and the existence of labor relations cannot be denied because of changes in the economic landscape.

Finally, the court ruled that the decision on the work injury was clear, the applicable laws and regulations were correct, and the procedure was legal. According to the "Chinese people's *** and the administrative litigation law" article 69,

Judgment: Jiangsu a distribution company's litigation request is rejected.

The court in the above case upheld the HSSC's determination of work injury and held that there was a labor relationship between the delivery boy and the delivery company. The court held that in the new economic situation, with the development of Internet technology, the basic characteristics of labor relations should be comprehensively defined with the characteristics of employment and traditional labor relations. In this case, the delivery boy could only obtain remuneration from the delivery company after providing corresponding labor according to the requirements of the delivery company, thus having economic subordination; the delivery company had special people to hold meetings, divide the labor, and assess the work, and the staff of the delivery company provided the QR code for registration, and the daily work time, work tasks, and monthly rest time were all arranged by the delivery company, thus, the personal subordination between the delivery boy and the delivery company, and therefore could not be attributed to the economic subordination. Subordinate, therefore, can not be denied the existence of labor relations because of changes in the economic industry.