I was watched by the Internet police during the live broadcast of law popularization?
Chapter 135 is obviously a platform issue, what does it have to do with us?
Chapter 135 is obviously a platform issue, what does it have to do with us?
Blocked and released...
"Since you insist that we are in an employment relationship, there is nothing to talk about."
Zhang Bin, the chairman of Yunsheng Business Platform, disagreed with Li Chen's statement.
It is clearly written in their contract that it is a cooperative relationship, and the rider also agrees to this kind of cooperative relationship, then it is a cooperative relationship!
The terms of the signed contract are protected by law.
As for the unified management, it is only to better ensure that the overall imagination of the company will not be affected by the riders on their own side.
You can get money by doing one order, and no one will force you if you don’t want to do it. Why is it not a cooperative relationship?
If it is really an employment relationship, it will clearly require how many orders they must complete...
"I think so too…"
Seeing this, Li Chen nodded and looked at the mediating judge: "Judge Liu, since both of us have no idea of mediation, let's go through legal procedures."
Judge Liu nodded upon hearing the words: "Okay, let's wait for the specific time."
After speaking, he got up and prepared to leave. Li Chen and others also left the mediation room after him.
After walking out of the trial court, Li Chen called Zhang Xiaodong again, said a few words before hanging up.
Zhang Xiaodong, who received the call, immediately expressed his admiration when he learned that their station master had been sent to the local prosecutor's office.
He really didn't expect that the head of the court would go in before the court opened.
Regarding Zhang Xiaodong's praise, Li Chen also told him calmly that it was because he violated the law, and the reason was still his own.
If he doesn't break the law, no one can send him in.
But Zhang Xiaodong treated his explanation as a show of humility, hung up the phone and ran to Weixin to tell the great news...
The prosecution of the case requires a process, and it will take at least ten days. Li Chen did not stay here, but returned to Shanghai temporarily.
After returning to Shanghai, he continued to sort out the related matters of the office during the day, and at night he worked overtime to sort out the related issues about takeaway.
As for the issue of riders, he also searched a lot on the Internet. The most serious ones are those who run red lights and violate traffic laws and cause tragedies.
2015年(时间线为去年)外卖骑手每年死27365人。据数据统计每天全国有75名外卖员在交通事故中死亡,他的死亡人数是75乘以365等于27365人,让人感到触目惊心。
Of course, this is from online data, and the authenticity is unknown.
According to statistics two years ago, the number of accounts registered as riders alone reached more than 1000 million. Excluding part-timers and other personnel, there are more than 400 million fixed groups!
Such a large number of regular people is a huge base in itself.
Those who violate traffic rules may not be worthy of sympathy from a single point of view, because it is their fault, and being anxious is not a reason for violating the law.
And is the platform responsible for causing these accidents?
There must be some, and the main problem is the squeeze of platform opponent riders.
Before Li Chen crossed over, he had seen similar incidents on the Internet...
The most ridiculous thing is their handling measures. Instead of changing the problem themselves, they impose this responsibility on consumers in a moral tone.
For example, it takes one hour for a normal customer to order a meal. This hour includes the time from the merchant's order to the final arrival, but for the consumer, it is one hour.
The merchant may not be able to deliver the meal due to being too busy or for other reasons, and the delayed time will be counted on the rider.
It may be for this reason that the riders are worried about receiving bad reviews if the food delivery is late, so they rush for time, because there is not much time left for them.
On the customer side, after waiting for an hour, consumers may receive such a prompt:
The delivery boy is hurrying to come.Let them wait for a few minutes or ten minutes.
People have been waiting for an hour, why do you want them to wait?
The root of the problem is because the food delivery platform does not want to lose the order and thus constantly squeezes the rider's time...
In five days, Li Chen finalized his defense draft, and the core content was only three questions:
First, the rider and the Yunsheng business platform are in an employment relationship, so why can’t they take their due responsibilities.
Second, the platform can dispatch orders systematically, so why does it need to dispatch orders manually? Some riders even take several orders at a time. This privilege will definitely lead to riders grabbing orders at will in order to make money and ignoring traffic regulations in order to complete tasks.
Because if you don’t arrive on time, you may be fined a lot of money by customers’ complaints or bad reviews.
And the purpose of this fine is to set up rules and teach them a lesson, or is it purely for the sake of fines!
For riders without a fixed salary, the source of earning money is the amount received, and the deductions should also be deducted according to the amount of bad reviews.
third………
This is your very high-quality defense draft.
The trial judge was shocked when he saw Li Chen's content, but the problem is that the content has little to do with the prosecution, because these problems are the overall problems of the platform, and his prosecution is not the platform.
After reading the content, the trial judge looked at Li Chen and asked, "Your defense draft is a bit out of focus, right?
What you want to sue is Yunsheng Electronic Commerce, so the case cannot be said about the number of traffic accidents in the country, which has nothing to do with your suing party. "
"related."
Hearing this, Li Chen began to explain: "Because judging from the overall cases across the country, the common time problem faced by the riders must also exist in them.
But judging from the current situation, the site and the subcontracting platform can only be held accountable, because the employer of the rider is a third party rather than the platform.
As the real employer of the riders, it can also be considered that the schedule of the riders is determined by their employers, and they are the ones who really squeeze the riders. "
The trial judge couldn't help but twitch the corner of his mouth when he heard this.
Because Li Chen's words made him feel like he was forcibly assigning responsibility, and he blamed the platform's problems on the third-party platform...
But there is actually nothing wrong with such a division of responsibilities, because strictly speaking, they are employees of the third platform...
There are reasons and basis, and the trial judge did not care about it, because this question is answered and demonstrated by a third party.
And when the lawyers of Yunsheng Business Platform received the defense draft, they were also a little speechless.
It's too unreasonable for you to calculate like this, right?
The one who was most angry was Zhang Bin, the chairman of Yunsheng Business Platform.
It's fucking outrageous.
The delivery time is obviously determined and planned by the platform's system, so what does it have to do with their company?
(End of this chapter)
Blocked and released...
"Since you insist that we are in an employment relationship, there is nothing to talk about."
Zhang Bin, the chairman of Yunsheng Business Platform, disagreed with Li Chen's statement.
It is clearly written in their contract that it is a cooperative relationship, and the rider also agrees to this kind of cooperative relationship, then it is a cooperative relationship!
The terms of the signed contract are protected by law.
As for the unified management, it is only to better ensure that the overall imagination of the company will not be affected by the riders on their own side.
You can get money by doing one order, and no one will force you if you don’t want to do it. Why is it not a cooperative relationship?
If it is really an employment relationship, it will clearly require how many orders they must complete...
"I think so too…"
Seeing this, Li Chen nodded and looked at the mediating judge: "Judge Liu, since both of us have no idea of mediation, let's go through legal procedures."
Judge Liu nodded upon hearing the words: "Okay, let's wait for the specific time."
After speaking, he got up and prepared to leave. Li Chen and others also left the mediation room after him.
After walking out of the trial court, Li Chen called Zhang Xiaodong again, said a few words before hanging up.
Zhang Xiaodong, who received the call, immediately expressed his admiration when he learned that their station master had been sent to the local prosecutor's office.
He really didn't expect that the head of the court would go in before the court opened.
Regarding Zhang Xiaodong's praise, Li Chen also told him calmly that it was because he violated the law, and the reason was still his own.
If he doesn't break the law, no one can send him in.
But Zhang Xiaodong treated his explanation as a show of humility, hung up the phone and ran to Weixin to tell the great news...
The prosecution of the case requires a process, and it will take at least ten days. Li Chen did not stay here, but returned to Shanghai temporarily.
After returning to Shanghai, he continued to sort out the related matters of the office during the day, and at night he worked overtime to sort out the related issues about takeaway.
As for the issue of riders, he also searched a lot on the Internet. The most serious ones are those who run red lights and violate traffic laws and cause tragedies.
2015年(时间线为去年)外卖骑手每年死27365人。据数据统计每天全国有75名外卖员在交通事故中死亡,他的死亡人数是75乘以365等于27365人,让人感到触目惊心。
Of course, this is from online data, and the authenticity is unknown.
According to statistics two years ago, the number of accounts registered as riders alone reached more than 1000 million. Excluding part-timers and other personnel, there are more than 400 million fixed groups!
Such a large number of regular people is a huge base in itself.
Those who violate traffic rules may not be worthy of sympathy from a single point of view, because it is their fault, and being anxious is not a reason for violating the law.
And is the platform responsible for causing these accidents?
There must be some, and the main problem is the squeeze of platform opponent riders.
Before Li Chen crossed over, he had seen similar incidents on the Internet...
The most ridiculous thing is their handling measures. Instead of changing the problem themselves, they impose this responsibility on consumers in a moral tone.
For example, it takes one hour for a normal customer to order a meal. This hour includes the time from the merchant's order to the final arrival, but for the consumer, it is one hour.
The merchant may not be able to deliver the meal due to being too busy or for other reasons, and the delayed time will be counted on the rider.
It may be for this reason that the riders are worried about receiving bad reviews if the food delivery is late, so they rush for time, because there is not much time left for them.
On the customer side, after waiting for an hour, consumers may receive such a prompt:
The delivery boy is hurrying to come.Let them wait for a few minutes or ten minutes.
People have been waiting for an hour, why do you want them to wait?
The root of the problem is because the food delivery platform does not want to lose the order and thus constantly squeezes the rider's time...
In five days, Li Chen finalized his defense draft, and the core content was only three questions:
First, the rider and the Yunsheng business platform are in an employment relationship, so why can’t they take their due responsibilities.
Second, the platform can dispatch orders systematically, so why does it need to dispatch orders manually? Some riders even take several orders at a time. This privilege will definitely lead to riders grabbing orders at will in order to make money and ignoring traffic regulations in order to complete tasks.
Because if you don’t arrive on time, you may be fined a lot of money by customers’ complaints or bad reviews.
And the purpose of this fine is to set up rules and teach them a lesson, or is it purely for the sake of fines!
For riders without a fixed salary, the source of earning money is the amount received, and the deductions should also be deducted according to the amount of bad reviews.
third………
This is your very high-quality defense draft.
The trial judge was shocked when he saw Li Chen's content, but the problem is that the content has little to do with the prosecution, because these problems are the overall problems of the platform, and his prosecution is not the platform.
After reading the content, the trial judge looked at Li Chen and asked, "Your defense draft is a bit out of focus, right?
What you want to sue is Yunsheng Electronic Commerce, so the case cannot be said about the number of traffic accidents in the country, which has nothing to do with your suing party. "
"related."
Hearing this, Li Chen began to explain: "Because judging from the overall cases across the country, the common time problem faced by the riders must also exist in them.
But judging from the current situation, the site and the subcontracting platform can only be held accountable, because the employer of the rider is a third party rather than the platform.
As the real employer of the riders, it can also be considered that the schedule of the riders is determined by their employers, and they are the ones who really squeeze the riders. "
The trial judge couldn't help but twitch the corner of his mouth when he heard this.
Because Li Chen's words made him feel like he was forcibly assigning responsibility, and he blamed the platform's problems on the third-party platform...
But there is actually nothing wrong with such a division of responsibilities, because strictly speaking, they are employees of the third platform...
There are reasons and basis, and the trial judge did not care about it, because this question is answered and demonstrated by a third party.
And when the lawyers of Yunsheng Business Platform received the defense draft, they were also a little speechless.
It's too unreasonable for you to calculate like this, right?
The one who was most angry was Zhang Bin, the chairman of Yunsheng Business Platform.
It's fucking outrageous.
The delivery time is obviously determined and planned by the platform's system, so what does it have to do with their company?
(End of this chapter)
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