I was watched by the Internet police during the live broadcast of law popularization?

Chapter 130 Submission of Indictment by the Trial Court, Application for Investigation Order
The main reason why Zhang Xiaodong was angry was that his brother was also a delivery man.

Seeing the deductions others mentioned, he also heard his brother mention it.

In the past, I felt that the other party was just lamenting that the takeaway was not easy to do, but now I hear others say the same, it is really disgusting.

Li Chen also nodded when he saw this: "We still need to investigate and collect evidence, because their deduction is actually a violation of the labor law..."

It is a few dollars to receive a takeaway order, but the deduction is dozens of dollars or more, which is a serious overreach.

The labor law clearly stipulates that:

1. It is illegal to arbitrarily deduct wages from workers. Once it happens, it is recommended to file a complaint with the Labor Supervision Brigade;

2. Legal basis: Article 15 of the Ministry of Labor's "Interim Provisions on Wage Payment" No. [-] Employers shall not deduct wages from workers.

3. In the labor law, there is no relevant provision for companies to impose fines on employees.There are corresponding provisions in the "Interim Provisions on Wage Payment". Article No.16 If the employee causes economic losses to the employer, the employer may demand compensation for the economic losses in accordance with the labor contract.Compensation for economic losses may be deducted from the wages of the workers themselves.However, the monthly deduction shall not exceed 20% of the employee's salary for the month.If the remaining part of wages after deductions is lower than the local monthly minimum wage standard, it shall be paid according to the minimum wage standard.

After meeting other delivery workers, Li Chen first gave standard answers to their questions.

First of all, the site or the platform, their deduction items are inherently illegal.

Delivery riders belong to a special industry. If they have no employment relationship with the site and the bad reviews have not caused actual economic losses, they should not deduct so much money.

If there is a problem with the customer's diet due to the rider's problem, or there is a chargeback during the delivery process, they will only bear the cost of the item.

And after the customer did not cancel the order and digested the takeaway by himself, the rider could no longer bear other costs.

The bad reviews are only for the riders, and they do not actually cause losses to the platform and the site, so why should they deduct money from the riders by damaging the image of the platform?

In the signed contract, these things are not written in it, which is a hidden clause.

In the process of going to work, the equipment of the delivery staff: electric vehicles, distribution boxes, helmets and other equipment are all at the rider's own expense, which is a cooperative relationship.

It can be seen from the actual situation: the site implements unified management of the delivery staff, and the power of the station master is greater than that of other people. It is not a cooperative relationship, but an employment relationship.

If it is an employment relationship, it is not reasonable for him to let the rider purchase electric vehicles and other supporting facilities by himself.

Sitting at Zhang Xiaodong's home, several takeaway riders were a little confused when they heard Li Chen say that he spent money unreasonably.

Among them, the rider named Wang Guanghui asked directly: "Lawyer Li, when we signed the contract, the station master already told us that we need to buy our own to go to work, and they still have to provide us with a car at the station?"

"First of all, we must determine the relationship between you."

After Li Chen heard the words, he continued to explain the key points of the relationship between the two to several people: "If it is a cooperative relationship, it is reasonable for you to buy things yourself, but in terms of relationship, you and the webmaster belong to the same status. You should also have the right to know about the order and the specific price, and it is up to you to decide whether to intervene, and only if you are the employees of the site and work for them will there be a unified price."

Thinking about this thing carefully, the behavior of the webmaster is actually more abhorrent than the behavior of the intermediary introducing him to work in the factory.

It can be judged from the behavior that both have the same place, that is, their sources of income are migrant workers.

The intermediary extracts labor fees from the workers, and the webmaster extracts delivery fees from the riders.

Based on the fact that each person can generate [-] orders a month:
If a person draws one dollar, that is 500 yuan a month.

Assuming that his site has [-] regular riders, he can earn [-] net income from riders in a month...

As a boss, you don’t do anything, let alone take any risks. If there is any problem, it is all the rider’s own problem...

You work hard to make a lot of money, and the boss gets a lot of money from you.

This feeling…

Who doesn't want to do it?

As for the online claim that the webmaster is an employee recognized by the platform, they dare not admit this.

If the station master is also an employee, then these riders should also be employees who eat quickly, because they work at the station...

As for buying a car and other equipment, is it reasonable?
In other words, he is unreasonable:
You go to work in an electronics factory, and the electronics factory has a hard requirement that you buy the equipment it produces.

Those who screw screws have to buy screws and go to the factory to screw them in order to get a job. When moving bricks to the construction site, you have to spend money to buy bricks...

Isn't it the same for takeaway riders?

If you spend your own money to buy trams and other equipment to go to work, isn’t that just bringing the main equipment with you?
If you think about it this way, isn't it unreasonable?

If you admit the employment relationship, it is unreasonable for you to provide jobs without providing equipment. If you deny the employment relationship and kill the non-employment relationship, then you have to find a way to make the unreasonable process reasonable.

Of course, if the platform admits that the webmaster is the best employee on their platform, then Li Chen can take advantage of the situation and drag the platform down.

The next thing that needs to be verified is whether the webmaster is working for others or for himself.

If it is for someone else, then find his boss, if it is for yourself, then he will bear all the problems...

Anyway, it's always a good idea to sue the site first.

And Li Chen's clients also increased from Zhang Xiaodong to nine.

Jointly commissioned, their issues can be prosecuted together.

Some responded to deductions, and some said that the platform's order was unreasonable.

Li Chen brought a computer and recorded the various matters entrusted by their power of attorney on a power of attorney. After printing it, he asked them to sign the power of attorney and put their respective fingerprints on it.

After dealing with these, Li Chen found a nearby hotel as a temporary foothold, and seized the time to compile the prosecution materials.

The next day, at nine o'clock in the morning, Li Chen took a taxi and prepared to go to the local court with the entrusted matters.

After clearing the security gate with the materials, Li Chen also met the judge who filed the case.

Since there is no evidence to support Li Chen's prosecution clause, he can only apply for an investigation order to collect specific evidence:
1. The specific contract signed by the platform and the rider.

2. What is the specific basis for other people's delivery orders, and is there any unfairness?

3. Whether the rider’s salary is paid by the platform or decided by the station owner.

The judge in charge of filing the case also watched Li Chen's video, and did not overwhelm him with the filing of the case, otherwise it would be difficult to agree to his request for filing the case and the reasons for the investigation order.

Because Li Chen's prosecution said that it was all a matter of other people's reactions, and there was no real evidence to support the prosecution.

You want to sue someone without any evidence, unless you are Zhang San...

(End of this chapter)