After the heat stroke at work, who should the takeaway brother Wei Quan look for and to proof?

Difficult to identify labor relations, professional heat stroke injury identification difficulty

[Let high -temperature labor protection better care for workers ②] After working on heat stroke, who should the takeaway brother Wei Quan find and proof?

Experts suggest to provide specific specifications for rider's high -temperature labor protection protection, increase heatstroke and cool down public facilities and service allocation

Reading prompt

In the summer, the hottest brothers who had to "run" in the scorching sun had to face the danger of being "baked". However, once professional heat stroke occurs, or professional damage due to heat stroke, the road to takeaway brother's rights protection is difficult. Experts suggested that after the rider has a professional heat stroke, he will seek medical treatment in time and save evidence such as online work.

Entering summer, takeaway rider shuttle in the streets and alleys "chase the sun" every day. In the past few days, the reporter's interview found that despite the "all armed", they had to "run" with the scorching sun, and they still faced the danger of being "baked".

The lawyer pointed out that once a rider has a professional heat stroke, on the road of rights protection, it will face difficulty in the determination of labor relations and professional heat stroke workers.

The food delivery road was "baked" and poured

At 14:30 on July 1, Shenzhen's highest temperature was 32 degrees Celsius. Rider Chen Qingshan was rushing to a office building to deliver meals. He stopped the car and strode forward. At this moment, his face was flushed and sweaty.

Chen Qingshan, who was born in 1993, has been riding for 3 years and worked for 12 hours a day. The daily single volume is about 50 orders.

"The clothes are wet and dry, dry and wet, and they are used to it." Chen Qingshan bluntly said that the peak volume of the summer dining in the summer is large and the time is rushing.

"Some communities are very big. I have carried two bags of rice, 3 large bottles of mineral water, and several bottles of beer running nearly kilometers in the community." Because he was worried about overtime, he had to trot all the way into the community, and sometimes climbed the stairs. "Several times my face was so hot, sweating, dizziness and vomiting, hanging under my feet, almost fell."

What he doesn't know is that this may be the symptoms of heat stroke, which is very dangerous.

"Heat stroke is divided into mild and severe. Light illness heat stroke is dizziness, a lot of sweating, general weakness, palpitations, etc., severe heat stroke, including heat spasm, heat failure, and thermal ejection disease, which will cause death." Shenzhen first aid Wang Xuemei, deputy director of the Central Training Section, told reporters that especially thermal radiation disease, which is very harmful to human health, with a mortality rate of more than 50%.

The reporter learned that almost every year, riders were "baked" on the road of delivery and meals, poured on the road, stairwell, and injured and even caused a car accident. However, unless they are "baked", the riders rarely know the knowledge of heat stroke and rest and self -rescue, and they also don't know much about high -temperature labor protection, high temperature rights, and professional heat stroke injury protection.

Yin Qi, who was born in 1989, was "baked" on the road of delivery. What he did not expect was that the next wave of rights protection was twisted.

Labor relationship identification, professional heat stroke proof facing dilemma

On July 19, 2017, Yin Qi was on the way to take a takeaway in Mentougou District, Beijing. Due to the heat of heat, he accidentally hit the railing and caused injuries.

According to the "Administrative Measures for the Prevention and Cooling Measures", workers have caused heat stroke due to high -temperature operations or high -temperature weather operations, and they are diagnosed as occupational diseases, and they enjoy work injury insurance benefits.

"After the injury, the company did not implement work injury insurance benefits for more than one year." Yin Qi had previously signed a three -year labor contract with Shanghai Human Resources Service Co., Ltd.

In the process of Yin Qiwei, the work injury was determined to be the focus of controversy.

In the end, the court believes that the evidence information provided by Yin Qi about attendance, leave, and hospitalization cases can confirm the fact that he was injured during his work. In February 2020, the court ruled that the Shanghai Human Resources Service Company paid Yin Qi medical expenses, residential food subsidies, misunderstandings, nursing fees, etc., totaling 26910.43 yuan.

This case is a case of one of the few takeaway riders who require compensation for work injury to determine compensation after professional heat stroke.

Li Xiongzhang, a lawyer of Guangdong Qitong Law Firm, told reporters that because heatstroke is an acute, and rarely rider will realize that this is professional heat stroke without severe irritation. Some people will take the initiative to defend their rights.

He believes that the reason is that takeaway riders apply for a "two hurdles" due to high temperature heat stroke applications: one is the identification of labor relations between the riders and the platform, and the second is the determination of professional heat stroke work injury.

Li Xiongzhang analyzed that the platform mostly adopted outsourcing, crowdsourcing, cooperative workers and other forms in terms of employment, which caused many takeaway riders to do not know who they were employees and proved that there was difficulty in labor relations.

"Rider needs to prove that it is caused by heat stroke because of high temperature weather operations." Shen Jianfeng, Dean of the School of Labor School of China Labor Relations, pointed out that traditional work injury is determined based on working hours, work location, and work reasons. On the road or non -fixed, these will increase the difficulty of proof of work injury.

Improve labor protection to "shading" for takeaway brothers

In order to avoid the "baking" of takeaway buddies on the road of delivery, high -temperature labor protection needs to be better "shading" for them.

Shen Jianfeng suggested that after the rider has a professional heat stroke, he should seek medical treatment in time and save evidence of information such as online work. In addition to insured work injury insurance or occupational injury insurance for workers, the platform must also help workers to retrieve and fixed online evidence as much as possible to assist workers for applying for work injury. "Rider has the characteristics of launch, freedom of offline, uncertain working hours and locations. You can use these characteristics to equip the rider to rest and cool down." The guidelines of the norms must also increase the configuration of public facilities and services and services of heat cooling. Platform companies must also consider at high temperature weather to optimize algorithms and reduce labor intensity.

The reporter learned that Shenzhen's takeaway platform site will provide riders with drinking water, watermelon, mung bean soup and other heat -relieving materials, and distribute a large capacity of 1.5 liters. Severing supplies.

However, the high -temperature labor protection supplies issued by the site are only provided to the special rider signed by the platform site.

To this end, some platforms have cooperated with the streets and communities of Shenzhen to set up multiple riding stations, which are placed with heatstroke and cooling supplies for rider for use. The Shenzhen Trade Union has also built 129 bee -warming stations through independent construction+cooperation and co -construction methods.

Some experts have also suggested that relevant departments should increase the publicity of the law of law for new employment workers and help workers to establish awareness of actively defending rights in accordance with the law. Strengthen supervision, at the same time unblocking high -temperature labor protection channels for workers, and maintaining high -temperature weather labor rights and interests of workers such as takeaway brothers in accordance with the law. (Some interviewees are pseudonym)

Source: Workers Daily

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