Takeaway brothers to give me the heat stroke on the road?

Zhuzhou Evening News reporter/Ma article

On July 17th, Li Guochang (pseudonym), a takeaway brother on the streets and alleys above the streets and alleys, fell to the ground during the meal delivery process. However, professional damage caused by heat stroke, on the road to defending rights, takeaway brothers are facing the "two ridges" of fuzzy labor relations and difficulty in protecting the right to protect their rights. Experts suggest that "new employment workers" such as takeaway riders and courier should enjoy the same regulations and high temperature subsidies in enjoying relevant regulations and terms. Relevant departments should strengthen supervision and unblock the channels for protecting the rights protection of workers.

▲ A takeaway rider is on the meal delivery road. Reporter/Ma Article Photo

Tell

The food delivery road was "baked" and poured

At 3 pm on July 17, the temperature approached 38 degrees Celsius. Rider Li Guochang rushed to Suning Plaza, Tianyuan District to pick up meals. He stopped the car and strode to run into the mall. At this moment, his face was already full of sweat, panting.

Li Guochang is a post -90s. When takeaway riders have been for 5 years, they are mainly responsible for sending meals in several large business districts in Tianyuan District. The daily single volume is about 60 orders.

"Although the sunscreen equipment is not falling, the face is still very dark, the clothes are wet and dry, and they have long been used to it." Li Guochang told reporters that there are many single -single periods for lunch, and some customers have no elevators. He had to climb the stairs and trot all the way to deliver meals. On the same day, when he went to the second village community in Garden, he was less than 1 minute after the meal. Li Guochang, who was sweating, rose Venus and fell in the staircase while climbing the stairs. But he immediately got up and supported this list.

"Even if the symptoms of heat stroke have occurred, I have to run with time, because the timeout is equal to this single -white run, and he will be fined." Li Guochang said that he asked the leader afterwards because he fell to the leader because he fell on the way to delivery. Severes of heat stroke, is there any appropriate subsidy, but there is no result.

The reporter learned in an interview that from June to September, Li Guochang was able to enjoy high temperature subsidies of more than 100 yuan per month, but this subsidy was not available in all sites.

The person in charge of the relevant departments directly said that the workers such as takeaway brothers and online workers have a fuzzy space in the determination of labor relations and did not buy work injury insurance. They generally do not accept rights protection complaints.

status quo

Labor relationship identification, professional heat stroke proof facing dilemma

"Hot Dead" is not a joke. According to media reports, on July 13, Changzhou Second People's Hospital received a takeaway brother. Due to severe heat stroke, heat irritation occurred, and when he was taken to the hospital, he had no breathing.

So, is heat stroke or even more serious thermal radiation disease due to work? Is it a work injury? The answer is yes.

As early as 2002, the "Administrative Measures for the Prevention and Cooling measures" jointly issued by relevant national departments clearly stipulated that workers caused heat stroke due to high temperature operations or high -temperature weather operations. If they were diagnosed as occupational diseases, they enjoyed work injury insurance benefits.

"Heat stroke is divided into minor and severe illnesses. Light illness heat stroke is dizziness, a lot of sweating, general weakness, palpitations, etc., with severe heat stroke, including heat spasm, heat failure, and heat ejection disease. In severe cases, dehydration, renal insufficiency, etc. Phenomenon. "Liu Xuemei, a doctor in the Department of Department of Internal Medicine Hospital of the Municipal Medicine, said, especially thermal radiation disease. If it is not actively treated, the mortality rate exceeds 50%.

Regarding this matter, Yi Lu, a lawyer of Beijing Longan Law Firm (Zhuzhou), believes that takeaway riders are facing the "two hurdles" due to high temperature and heat stroke applications: one is the determination of the labor relationship between the riders and the platform, and the other is the professional heat stroke. Identification of work injury.

The analysis of Yilu said that the platform mostly adopts outsourcing, crowdsourcing, cooperative workers and other forms in terms of employment, which leads to difficulty in the identification of labor relations. Traditional work injury identification is comprehensively determined according to working hours, work place, and working reasons, and the rider ’s working hours are free. The work place is on the road or not fixed. These will increase the difficulty of proof of the work injury identification.

Regulations

The diagnosis is an occupational disease, and the employer must be responsible

In reality, unless it is "baked", the riders rarely do themselves, and they know little about high -temperature labor protection and professional heat stroke injury protection.

The reporter sorted out and found that at the national level, many laws and regulations have "supported" the high temperature protection rights and interests of "new employment workers".

In the "Guiding Opinions on Maintaining the Rights and Interests of Labor Insurance of Labor Protection for New Employment Forms" jointly issued by the eight departments of the Ministry of Human Resources and Social Security, the National Federation of Trade Unions, it is required that the enterprise is required to be incompletely complied with the establishment of a labor relationship, The protection of the rights and interests of the new employment form bears the corresponding responsibility.

In addition, the "Guiding Opinions on Implementing the Responsibility to Implement the Responsibilities of Online Catering Platforms and Effectively Protect the Rights and Interests of Takeaway Delivery" jointly issued by the General Administration of Market Supervision and the National Development and Reform Commission pointed out that takeaway food delivery staff under the situation of statutory holidays, bad weather, night, etc. If you work, give appropriate subsidies.

In other words, in accordance with relevant laws and regulations, workers have caused heat stroke due to high temperature operations or high -temperature weather operations. Patients who have been diagnosed as occupational diseases, their diagnosis and treatment fees, living costs that must be enjoyed during treatment, and rehabilitation costs are also borne by employers.

"Work injury appraisal should be based on the presence of labor relations. Although the takeaway brother has certain controversy in the identification of labor relations, the service platform must actively defend employees for employees because of humanitarianism and legal spirit." Later, the employer should immediately send the injury to the hospital for treatment, and actively submit the information of the work injury to the local people's social department within two working days, including the application form of the work injury identification, the labor relationship certificate and diagnosis certificate. Reporter's note

Use more humane regulations to support them "protective umbrellas"

Horse articles

In recent years, with the rapid development of the Internet economy, "new employment workers" such as takeaway riders, courier brothers, and online workers are engaged in open -air operations at high temperature weather. However, unlike outdoor workers in the traditional sense of power, architecture, and sanitation, in many places, there are no high -temperature subsidies, no accident insurance, and no labor contracts in many places. In the face of some regulatory guarantees and policy dividends, they are still "vulnerable groups."

Give them the protection of "real gold and silver" and humanistic care, which is the deserved meaning of protecting the legitimate rights and interests of workers. The rights and interests of any worker's rights and interests at high temperatures cannot have "dead ends".

First look at the domestic cities. A few days ago, the first service platform enterprise and the new employment formula workers were born in Shanghai. Among them, including strengthening the construction of a food delivery safety protection system, in extreme harsh weather, adjust the distribution mechanism in a timely manner to ensure the safety of food delivery staff; provide summer care supplies, equip heatstroke prevention and cooling supplies for each site, do a good job of takeaway food delivery staff summer in summer During the heatstroke work, etc.

The outdoor high -temperature allowance standards in Zhejiang Province are 300 yuan per month, and the distribution period is June to September. Signing rider can enjoy this policy. Dongguan's special takeaway riders can receive a high temperature allowance of about 400 yuan per month.

The author believes that the units of human society, trade unions and other departments in our city should increase the law education of "new employment workers" and increase the investment in heatstroke and cooling public facilities and services; the service platform considers high temperature weather to optimize algorithms and reduce labor intensity. Assist workers to retrieve and fixed online evidence to assist workers for applying for work injury.

When you are enjoying the convenience of takeaway, please respect and include the work of the rider.

Source: Zhuzhou Evening News

Review: Luo Xiaoling

Edit: Chen Chen

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