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

Chapter 134 Pre-court mediation, sue if you don't accept

Li Chen's indictment, the other party of the lawsuit is the delivery station, and it will not become a criminal case because the station owner was turned over to the local prosecutor's office, because the delivery station is a third-party operating company, and the station owner is just an employee and not a boss. .

However, judging from the current situation, the problems reported by other riders can be regarded as resolved, and the next point is the contract.

Following the court car back to the court, Li Chen came to the reception room where the case was filed with dozens of contracts.

The contract was placed in front of the filing judge, and Li Chen sat opposite the judge and said, "These are contracts from their delivery station, and from what I know, they are a type of false contract.

According to the contract, the rider and the site are in a cooperative relationship, but in reality, the centralized management system they adopt is a concrete manifestation of the employment relationship:
Unified reward and punishment system, roll call, and even shouting slogans and so on.

Since it is a cooperative relationship, the salary payment mode cannot be uniform payment, but the next day payment like part-time jobs, which is a delay in salary.

As for the identity of the station master, he belongs to the management staff and has an absolute leadership position, which is the most obvious feature of the employment relationship. "

The judge looked at the contract in front of him, and nodded while looking at it: "If there is a rider as a witness, plus what you said, it can prove that the two parties are in an employment relationship."

After briefly looking at a few contracts, Judge Liu raised his head and looked at Li Chen: "Your request is mainly that the other party buy insurance for the rider and advance medical expenses for those who are injured in the hospital. This is a civil dispute, and we should go through the procedures first. Mediation.

If the other party does not agree, we will file a case for you and go through judicial procedures. "

Li Chen nodded when he heard the words: "There is no problem with mediation, but there is a request that must be made clear.

If the other party deliberately delays, they need to bear our lawyer's fees. After all, I still have work to do. It is impossible to focus on this case, and it is absolutely impossible to accompany them in a protracted battle. "

This case is very simple to say, because the facts are here.

But if it's not easy, it might take a while.

The purpose of Li Chen's lawsuit is to solve the real problems of Zhang Xiaodong's family, and the other party can play tricks on this.

For example, refusing to execute after the lawsuit, or delaying payment for reasons.

I paid in advance today, but I won’t pay in advance tomorrow, etc...

After explaining to the judge, Li Chen went back to continue preparing for the next step of mediation.

At the same time, the case-filing judge of the trial court also informed the Yunsheng e-commerce platform of the content of the prosecution and mediation.

As the chairman, Zhang Bin is also very angry at the moment, the main reason is because of his station master.

The distribution station did not send orders, and a large number of customers reported the problem to the Kuaikuaichi platform.

After receiving the complaint, the platform first canceled the title of their company's excellent delivery station, and then fined them.

For his explanation, the platform just ignores it.

He hated the arrested webmaster and the delivery rider who sued his company.

If it weren't for them, I wouldn't have been fined...

I notified my legal team, held an emergency meeting around the contract issue, and was relieved after hearing my lawyer's explanation.

First of all, the terms on the contract have marked the relationship between the two parties, not an invisible contract.

Since the other party signed, it means that they have agreed to this unified management partnership...

The time for mediation was set at nine o'clock in the morning two days later, and Li Chen also arrived at the trial court at eight forty.

Holding the relevant materials he had prepared, Li Chen entered the trial court through the security gate.

At 43:[-], Li Chen came to the door of the mediation room to wait.

At [-]:[-], relevant personnel from Yunsheng Electronics came to the door of the mediation room.

At 55:[-], Li Chen and others followed the judge into the mediation room.

The mediation officially started, Judge Liu sat in the middle and started to go through the process, and Li Chen also began to explain his appeal for prosecution: "Entrusted by the client, and entrusted to Modu Law Firm with full authority on a series of issues related to the prosecution, I will replace parties to sue."

Li Chen looked at the company at the site and said, "There are two types of grounds for prosecution:

First, the real relationship between the rider and your platform is a labor relationship, not the contractual relationship described in your contract. As the other party of the labor relationship, the workload of the rider is greater than that of ordinary jobs, environmental factors, and time urgency. Different from the people you come into contact with, this industry has become a high-risk industry now, and various accidents occur frequently. In this case, you, as the employer, should purchase an insurance for the riders to guarantee their medical treatment.

The second point is the issue of the rider’s delivery order. According to the feedback of multiple clients, you have unreasonable phenomena when delivering orders, and the head of your delivery station has also been handed over to the local prosecutor’s office for alleged bribery. to investigate.

What I want to ask here is whether you know the situation of the station master, and whether any riders have responded to you with related questions.

Is his daring to act recklessly like this the result of your acquiescence?

The third point concerns the issue of responsibility.

The rider at your site encountered an accident during the delivery process. It was an accident at work, which is a work-related injury. You should pay for his medical expenses in advance. "

There are many types of work-related injuries:
1. Injured by accidents due to work reasons during working hours and workplaces;
2. Injured by an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours;
3. Accidental injuries such as violence due to performance of work duties during working hours and workplaces;
4. Suffering from occupational diseases;
5. During the period of going out for work, the whereabouts are unknown due to work-related injuries or accidents;
6. Injured by a motor vehicle accident on the way to and from get off work;
7. Other situations that should be recognized as work-related injuries as stipulated by laws and administrative regulations.

There are also many types of injuries that are not work-related injuries, the most typical three situations are:

1. Casualties due to crimes or violations of public security management;
2. Intoxication caused casualties;
3. Self-mutilation or suicide.

If you run a red light or violate the traffic law and have an accident during the delivery, it is very likely that it will not be recognized as a work-related injury...

"As for Zhang Dazhuang's accident, he didn't violate any traffic regulations, let alone the party at fault. It should be treated as a work-related injury."

After finishing speaking, Li Chen looked at the few people on the opposite side: "The above is my appeal. If you disagree, then there is no need for mediation."

After listening to Li Chen's words, several people glanced at each other.

How is this different from what you said?
If you follow the other party's logic, then there is no need for mediation...

Because their purpose is very clear, which is to recognize the partnership and refuse to pay any compensation...

　I heard that a writer with a monthly ticket of [-] can draw a lottery?

　　I don't know, can I reach [-] this month...

　　
　
(End of this chapter)