Analysis of the Review Points for Supporting Prosecutions of Workers in New Business Forms: Taking the Case of Supporting Prosecutions of Labor Disputes over Delivery Riders as an Example
2023-06-07
Nowadays, the rapidly changing new technologies and applications of the Internet are constantly changing people's daily production and life. Based on this, new formats such as ride hailing, takeaway delivery, and online live streaming are also emerging one after another. Due to the many differences between the employment methods of the new business model and traditional industries, the loose management mode, diversified compensation methods, and flexible wage payment methods for employees have posed new challenges for the procuratorial organs to support and prosecute workers in the new business model. Among them, the review clarifies whether there is a labor relationship between the new business model workers and the sued employer, It is not only the focus of the review for handling such supporting prosecution cases, but also the difficulty of the review. This article takes the labor dispute support lawsuit case of delivery riders as an example to analyze the substantive review points of such cases, in order to provide reference for high-quality and efficient handling of support lawsuit cases for new industry workers. 1、 A substantive examination of the nature of both parties involved in a labor dispute is the first step in identifying whether there is a labor relationship between a new type of worker (delivery rider) and the sued employer. Currently, delivery riders generally include two types: full-time and part-time riders. Full time riders work as delivery drivers, with fixed working hours. They accept delivery orders and meals from delivery platforms, and their salaries are paid monthly. Part time riders register themselves on the delivery platform, and after successful registration, they grab orders and deliver meals on the platform. The platform settles compensation based on the quantity and quality of delivery orders completed by the riders, and the compensation is generally settled on a piece by piece basis. At present, the business models of delivery platforms are mainly divided into two types: self operated and agency. Platforms that adopt a self operated mode generally recruit delivery riders themselves, sign labor contracts with riders, provide them with labor tools and corresponding labor conditions, and riders must strictly follow the platform's requirements for delivery work. On the other hand, the platform adopts the proxy pattern, and signs a cooperation agreement with the agent to contract the delivery business of a certain region to the agent. Some agents will recruit riders by themselves, and some will subcontract the contracted distribution business to the labor service company through labor subcontracting, and the labor service company will recruit riders. The platform adopting the proxy pattern also imposes certain restrictions on the takeaway riders, such as requiring the takeaway riders to wear uniform clothes, use uniform takeaway boxes, and incorporate the takeaway riders into a unified customer evaluation mechanism. When a new type of worker in the delivery rider industry applies to the prosecutor's office to support a lawsuit due to labor disputes, the prosecutor's office should first review and clarify whether the rider is a full-time or part-time rider. For part-time riders, the legal relationship of labor disputes is generally not supported. Secondly, the rights and obligations between the rider and the defendant's platform, agent, or service company should be reviewed to accurately identify the defendant and assist the applicant in submitting factual claims. In addition, as most riders sign employment agreements online, the registration location of the platform may not be consistent with the workplace of delivery riders. Prosecutors should also review and clarify the jurisdiction of the court in accordance with relevant legal provisions to avoid jurisdictional errors. 2、 Conduct a substantive review of the subordinate characteristics of both parties, focusing on the flexible and complex nature of business activities in the new format, and prioritize the subordinate characteristics of both parties in labor disputes in the new format
Edit:Zhou Shu Responsible editor:Jia Jia
Source:jcrb.com
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