Who will compensate for a person who hurts people during the delivery?

Pan Mou collided with Deng, a take -out car dining car with a platform logo, and both were injured and hospitalized in the accident. After the traffic police determined that Pan was responsible for the main responsibility, and Deng bears the secondary responsibility.

During the compensation of Pan and Deng, Pan provided a bank voucher for the "certain platform electric vehicle lease contract" and a generation of service departments who paid his salary. It turned out that the service department of the service department was a local delivery contractor on a takeaway platform. Pan signed a contract with the service department as a rider to takeaway. After repeatedly negotiated with the service department, Deng was still unsatisfactory. In desperation, Pan Mou and the service department sent the service department to the court, asking for compensation for more than 90,000 yuan in traffic accidents.

In the lawsuit, the service department argued that it had not signed a labor contract with Pan, only for "cooperation" and did not constitute a labor relationship. The service department was just a service platform. Pan was responsible for his behavior. Pan argued that in the accident, as an employee of the service department, he was injured by others when performing his duties. He did not intentionally or major faults, and all responsibilities should be borne by the service department.

In the Internet era, a new type of employment model of "platform+individual" was born. At present, the delivery operation mode of the takeaway platform includes crowdsourcing delivery models, self -employed distribution models and proxy distribution models.

The complex employment model not only brings challenges to the identification of labor relations and the protection of workers' rights and interests, but also makes the victim difficult to find the subject of compensation, resulting in difficulty in claims. In practice, some riders provide services through third -party contracting and other methods, and do not establish a direct employment legal relationship with the platform operators. Therefore, some of the cases are liable for compensation by cooperative workers, not the takeaway platform directly.

According to the trial, in accordance with the relevant laws and regulations, the employer's staff shall be damaged by the employer due to the implementation of the work tasks, and the employer shall bear the infringement liability. In this case, the rider's electric vehicle's appearance logos and salary settlement orders all showed that Pan Mou took orders and delivered meals in the name of the service department. At the time of the accident, Pan was also dressed in uniform uniforms of the service department, which was in line with the situation that caused others and property damage during the performance of food delivery. The task caused Deng's damage to the liability for infringement.

(Source: People's Daily)

【Edit: Wang Yujin】

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