What responsibilities do courier traffic accidents, what responsibilities of the courier company
Author:Supreme inspection Time:2022.08.28
"Why do we pay for our courier company? The courier is submitted to the outlet and has no labor relationship with us." "If we let us pay, it is also a liability for liability. Why do we only need to pay?"
"Public hearing of criminal appeal is to allow all parties to fully express their opinions. In this case, issues such as labor relations and outlet qualifications need to be considered. You can also fully express their views in the latter links. We will also listen carefully to ensure the fair treatment of the case. "Recently, Chen Fengchao, secretary of the Party Group and Attorney General of the Tianjin Procuratorate, presided over a public hearing of criminal appeal cases.
The incident originated from a traffic accident two years ago. When the courier Li drove a motor vehicle to send a courier, a traffic accident died. In June 2021, the court sentenced him to one year and six months in prison for the crime of Li Mou's traffic accident. The courier company does not accept the civil part and believes that Li is directly hired by the delivery outlet. There is no labor relationship with the courier company. The courier company and the delivery outlet are only cooperative relationships. Essence The intermediate court ruled that the appeal was rejected and the original judgment was maintained. Later, the express company appealed to the procuratorate. The second branch of the Tianjin Procuratorate was reviewed and believed that the reason for the appeal was not established and decided not to support it. The company appealed to the Tianjin Procuratorate.
In view of the large -scale controversy of the case and involving the commonality of the express delivery industry, the Tianjin Procuratorate decided to hold a public hearing to invite representative members, entrepreneurs, lawyers, and labor -de -funded experts to review the opinions of all sectors of society.
In order to accurately handle the case, Han Luhong, a full -time member of the Prosecutor's Committee of the hospital, led the case handling team. Before the hearing, Chen Fengchao made a request for the case research and judgment on the basis of a comprehensive familiarity of the case, and put forward specific guidance on the facts of the case and the application of laws. The case handling team visited the courier company in accordance with the appeal request, and fully communicated around the focus of disputes and legal relations.
"Who set up the delivery outlets? Which one is the store logo?" Members are key.
"Our five hearing agreed that the appeal request was not established. In this case, the courier Li and which company form a labor relationship. It is not necessary to bear the civil liability. The terminal outlets are filed. Express companies open terminal outlets and should be responsible for the express quality and operation security of the delivery outlets in accordance with the law. Signing the agreement with the terminal outlets also shows that the subject of responsibility is the courier company. The regulations. "Tian Lin, a hearing and director of Tianjin Langlang Law Firm, expressed his hearing.
"Regardless of the results, I hope you can look at this case rationally according to law. The wind should be available for a long time. Compared with the case, it is more important to do a good job of internal control management, preventing risks, and expanding the courier. Function provides more legal services for the healthy development of the enterprise. "Before the hearing, Chen Fengchao told the appealist.
The reporter learned that the Tianjin Procuratorate made a comprehensive review of a comprehensive review of the hearing, and made a conclusion that the original referee was correct. There was no factual basis and legal basis for the reasons for the complaint.
The reporter noticed that in the conclusion document issued by the Tianjin Procuratorate, the content of the dispute in the case was explained in detail, including the market access system implemented by the express delivery industry. The legal analysis and basis for the effectiveness of effectiveness, labor relations and returns, and inform the courier company to replace the inside outlet employees to bear the liability for compensation. Its internal agreement claims rights.
"In this case, our original tangling point was that the labor relationship was the basis for judging the liability for civil compensation. Without the labor relationship with the courier, we should not be liable for compensation. Ignoring another important issue is the market access system and qualification issues unique to the express delivery industry. Now that things are clear and clear, the puppets in our hearts have also been unlocked. "Liu, the person in charge of the courier company Liu The manager told reporters that the company will do a good job of internal control management and operational rectification under the guidance of the prosecutor. (Procuratorate Tao Qiang)
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