Original Title: Judge Obtains Compensation for Riders' Rights Safeguarding and Taking away Riders
"Judge Wang, my industrial injury appraisal has been completed, and it is estimated that I will receive industrial injury compensation soon!" On April 29, Wang, who was once a delivery rider, said happily when receiving the judge's telephone return visit, and thanked the Qingshan District Court of Wuhan City for quickly hearing his labor dispute case according to law, confirming that he has a labor relationship with the service platform, which laid the foundation for his subsequent claim for industrial injury insurance benefits, Accelerated the progress.
An industrial company in Wuhan has a cooperative relationship with a delivery company, which provides delivery services within a specific range to a delivery company. In February 2023, Mr. Wang was introduced to an industrial company in Wuhan through an interview. He worked as a full-time delivery clerk in a delivery company at a station in Qingshan District set up by the company. His salary was calculated according to the quantity of delivery orders and delivery distance, and was paid monthly. The two parties signed an electronic Labor Service Agreement online, and an industrial company in Wuhan bought commercial insurance for Wang, but failed to pay social insurance premiums. In March 2023, Mr. Wang fell down on the way to deliver food and fractured his shoulder. In July 2023, Mr. Wang applied to Qingshan District Labor and Personnel Dispute Arbitration Committee for arbitration, requesting confirmation of his labor relationship with an industrial company in Wuhan from February to March 2023. In September 2023, the arbitration commission made an arbitral award in support of Wang's arbitration claim. An industrial company in Wuhan objected and sued in Qingshan District Court in October 2023.
An industrial company in Wuhan believed that the company signed a Labor Contract with Mr. Wang, who was paid by piece as a delivery clerk. His working hours and workload were at his own disposal. There was no strong management and managed relationship between the company and Mr. Wang. And Wang's salary is paid by a third-party company. Therefore, there is no labor relationship between the two parties.
Wang believed that an industrial company in Wuhan managed it according to employee standards, and required Wang to hold a morning meeting at the gate of the station every morning. Orders must be received online between 10:30 and 13:30, and between 17:00 and 20:00 at the peak of each day. The company evaluated Wang's receipt of orders that day. The staff of an industrial company in Wuhan put forward work requirements to Wang and other delivery staff in the WeChat work group, such as "smiling action must be photographed, no penalty of 500! No helmet or work clothes must also be photographed, and only 100 will be fined if photographed! If not delivered, it must not be delivered in advance". Therefore, the relationship between Wang and an industrial company in Wuhan conforms to the subordinate characteristics in the sense of labor relations, and the two parties constitute a labor relationship.
The court of Qingshan District held that an industrial company in Wuhan has the subject qualification of an employer. Wang is a worker in line with laws and regulations. As a full-time distributor, an industrial company in Wuhan held morning meetings, attendance, the number of orders received every day, online during peak periods, illegal punishment and other management behaviors for Wang, and paid him monthly labor remuneration, Both parties have formed a relationship of management and being managed, and both parties have a subordinate relationship; In addition, the business scope of an industrial company in Wuhan includes catering management and catering distribution, and the delivery work provided by Wang is a part of the business of an industrial company in Wuhan. Therefore, both parties meet the requirements of establishing a factual labor relationship, and it should be recognized that there is a labor relationship between both parties. With regard to the claim of an industrial company in Wuhan that the two parties have signed the Labor Agreement and there is no labor contract relationship, the court held that the determination of labor relations should not be limited to the style and name of the labor contract signed, but should be combined with evidence and court statement to judge whether the two parties meet the essential characteristics of establishing labor relations. An industrial company in Wuhan and Mr. Wang have the essential characteristics of labor relations, which should be recognized as the existence of labor relations between the two parties.
In November 2023, the Qingshan District Court made a judgment confirming that an industrial company in Wuhan had a labor relationship with Wang from February to March 2023.
The rider Tao, who was accidentally injured while delivering meals, was assessed as Grade 10 disability by the judicial appraisal institution. When making a claim, the insurance company refused to make a claim on the ground that he did not meet the standards specified in the Assessment Standards for Disability of Life Insurance in the insurance industry and did not constitute a disability. After the case was brought to the court, the court of Qingshan District, Wuhan City made a judgment, ordering the insurance company to pay 80000 yuan to the rider for disability compensation.
In April 2020, a man named Tao registered online as a company's online delivery clerk. The company has insured the rider's protection portfolio product insurance with an insurance company, and the rider pays a premium of 3 yuan every day when he first receives the order. The insurance coverage is for accident and disability benefits, with an insurance amount of 600000 yuan per person, and the rider's disability will be compensated according to the corresponding grade ratio. On July 19, 2021, a traffic accident occurred when Tao was delivering meals, and the traffic brigade determined that Tao was not responsible. On November 10, 2021, an appraisal institute was entrusted by the traffic brigade to issue an appraisal opinion. According to the provisions of the Classification of Human Injury and Disability Degree issued by the Supreme People's Court, the Supreme People's Procuratorate and other departments, Tao's injury was rated as Grade 10 disability. On August 2, 2022, the insurance company applied for a re appraisal of the degree of disability of Tao. An appraisal center believed that Tao did not reach the degree specified in the Disability Assessment Standards for Life Insurance, which did not constitute disability, and the insurance company refused to compensate on this ground. Both parties could not dispute the standard of disability identification, and Mr. Tao sued the insurance company to the Qingshan District Court on March 1, 2023.
The Qingshan District Court held that the Classification of the Degree of Disability Caused by Human Injury, jointly issued by the Supreme People's Court and other five ministries and commissions, is a unified applicable standard for judicial expertise institutions and judicial experts to identify the degree of disability caused by human injury. The application form of this case is prepared by the insurance company in advance and has a unified format, and the agreed Assessment Standard for Disability of Life Insurance is stricter than the Classification of Degree of Disability Caused by Human Injury, which reduces the liability of the insurance company to a certain extent. The insurer should perform the obligation of clear explanation and inform the applicant or beneficiary that in case of disability, the disability assessment should be in accordance with the Assessment Standard for Disability of Life Insurance It is not recognized according to the "Classification of the Degree of Disability Caused by Human Injury". In this case, the insurance company did not provide evidence to prove that it had fulfilled the relevant obligations, resulting in different perceptions of the disability identification standards between the two parties. According to the principle of fairness, the contract should be understood from the perspective of protecting the relatively vulnerable groups. As an ordinary citizen, Tao was assessed as Grade 10 disability according to the Classification of Human Injury and Disability Degree, that is, he should meet the insurance compensation standard. Therefore, the Qingshan District Court finally decided that the insurance company should pay the disability compensation of 80000 yuan to Tao according to the calculation and payment ratio of Grade 10 disability. The insurance company refused to accept the appeal, and the original judgment was upheld in the second instance. (Zou Mingqiang, Zheng Linlin, Wang Xiao, Wang Ting)
