Case study | The takeout rider died suddenly during late night meal delivery. The takeout platform and the employment company were sentenced to more than 1.5 million yuan in compensation

2022-11-14

On November 11, the People's Court of Chaoyang District, Beijing, held a public hearing to hear and adjudicate a case of dispute over the right to life caused by the sudden death of a delivery rider late at night. Liu, a delivery worker, died of a sudden illness during the delivery. His family members thought that the delivery platform did not fulfill the necessary relief obligations, so they sued the delivery platform to the court. Later, the court held that the delivery platform and the employment company were both at fault in this accident, The final judgment was that the takeout platform and the employment company compensated Liu's family members for more than 1.5 million yuan. The scene of the trial. Photo source: The takeout rider of Chaoyang District People's Court in Beijing fell to the ground for several hours in the middle of the night. According to Liu's family, in the early morning of May 19, 2021, Liu went out to deliver meals as usual. Unfortunately, the disease broke out on the way to deliver meals. Because it was late at night, Liu fell to the ground for several hours, and finally died of central respiratory and circulatory dysfunction caused by brain stem hemorrhage. His family said that Liu was a platform takeout rider before his death. On the way of delivery, the platform could locate each rider's real-time position. Family members believe that it was late at night when Liu had an accident, and only the takeout platform could grasp its detailed location. As the employer, the takeout platform had the obligation to pay attention to the real-time work of employees. If an order was abnormal, they should contact the deliverer in time to understand the situation and provide assistance. However, during the whole process of Liu's accident, the takeout platform did not take any effective rescue measures, No one found Liu for several hours and finally died, so the platform should be liable for compensation. After the court accepted the case, the defendant, the operator of the takeout platform, filed an application to the court, claiming that his company had signed an Outsourcing Service Cooperation Agreement with an information technology company, and that an information technology company was responsible for the delivery business of the deliverer, requesting that an additional information technology company participate in the lawsuit. The plaintiff also said that an information technology company should be held liable for compensation. The court approved its application after reviewing according to law, and added an information technology company as a co defendant. In the trial, the operator company of the takeout platform argued that the platform it operated was only an information service platform, which was responsible for providing information to the distributors and distribution companies, and did not participate in the recruitment and management of distributors. Although the platform could master the real-time information of distributors, this was not the basis for the platform to manage the distributors. Therefore, the platform had no fault and should not be responsible for Liu's death. An information technology company argued that Liu is a crowdsourcing rider, and the working time, location, and order receiving options are at his own discretion. The company has a cooperative or flexible employment relationship with Liu, and the company has insured him, so he should not bear any other liability for compensation. The court decided that both the delivery platform and the employment company should bear the responsibility when the labor relationship was identified as the focus of the dispute. The Chaoyang Court held that the platform operator company signed the Outsourcing Service Cooperation Agreement with an information technology company. According to the agreement, the labor personnel responsible for the delivery of the delivery were provided by an information technology company, which, as the management subject of the delivery personnel, provided on-the-job training for the delivery personnel, Distributors according to law

Edit:sishi    Responsible editor:xingyong

Source:http://www.people.com.cn/

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