If a delivery person is accidentally injured during the delivery process without signing a labor contract, who shall bear the responsibility? Recently, the People's Court of Gulou District, Fuzhou City, Fujian Province, concluded a dispute over the determination of work-related injury insurance benefits. Xiao He joined a network technology company in April 2022, engaged in food delivery work, without signing a written labor contract or paying social insurance. In July of the same year, he accidentally fell and was injured while picking up food. Xiao He applied for labor arbitration to the local labor dispute arbitration commission, requesting confirmation of the existence of a labor relationship with the company. The arbitration commission rejected Xiao He's request. Subsequently, Xiao He filed a lawsuit with the court, which confirmed the labor relationship between the two parties. Xiao He applied for work-related injury recognition to the local Human Resources and Social Security Bureau based on this judgment, and the bureau made a decision on work-related injury recognition. The company is dissatisfied with the decision of the local Human Resources and Social Security Bureau and has filed a lawsuit with the Gulou District People's Court. In the lawsuit, the company stated that the contract signed between the company and Xiao He is a contract for delivery and has formed a contract relationship, not a labor relationship, and the company did not manage his labor, which does not conform to the essential attributes and important characteristics of a labor relationship. If both parties form a contract relationship, according to relevant regulations and agreements, Xiao He cannot claim compensation from the company. After trial, the court believes that the effective civil judgment in this case has confirmed the existence of a labor relationship between Xiao He and the plaintiff company. Xiao He fell and was injured while riding a bike while performing his delivery duties, which should be recognized as a work-related injury according to law. In the end, the court ruled to dismiss the company's lawsuit. According to the Regulations on Work Injury Insurance, if an employee suffers an accident injury due to work reasons during working hours and in the workplace, it should be recognized as a work-related injury Judge Ye Jiayao of Gulou District People's Court introduced that currently, many employing enterprises attempt to conceal the essence of employment relationships through the appearance of other civil relationships, such as subcontracting again or signing cooperation agreements or contracting agreements with workers, in order to reduce their employment responsibilities. This poses challenges to the recognition of labor relationships in new professions such as express delivery workers and food delivery riders, and further damages the labor rights and interests of this group. When adjudicating this type of case, the court adheres to the principle of fact first, and comprehensively judges whether there is a factual labor relationship between the employee and the company based on factors such as company attendance, dress management, dispatching, performance evaluation, and salary payment. At the same time, the court also reminds food delivery riders to enhance their legal awareness and remember to sign a written labor contract. Attention should be paid to the evidence of the establishment of labor relations, such as selecting electric vehicles, mobile phones, etc. that are uniformly equipped by the company, collecting and preserving evidence that can prove the labor relationship, such as recording one's own working hours, attendance arrangements, platform performance management, etc. (New Society)
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