Lawyer Luo’s live broadcast of popularization of the law, are you acting as a joke player?

Chapter 138 Judge: If you do not recognize the labor relationship, you will not be compensated, but you dare to fine and deduct the insurance money, right?

Prison. Prison.

The gold medal barrister, Lawyer Lin, is wearing a blue vest!
Became a prisoner.

But he who has knowledge is unique here. After coughing, he explained the difference between his labor relationship and labor service relationship to the people around him:
"Although there is only one word difference between labor relations and labor relations, the difference is huge!

The first subject is different. The subject of the labor relationship is certain, that is, one party is the employer and the other party must be the worker, while the subject of the labor service relationship is not certain. For example, in this case, one party is the food delivery platform company, and the other party is also considered Self-employed riders for business owners...

Second, there is not only a property economic relationship between the two subjects of the labor relationship, but also a personal affiliation relationship.There is only a financial relationship or an economic relationship between the two subjects of labor services, and there is no affiliation relationship.

Third, the treatment of migrant workers is different. In the labor relationship, besides wages, workers also receive insurance benefits.Natural persons in labor relations generally only receive labor remuneration.

Fourth, the applicable laws are different. Labor law and contract law apply to labor relations, while contract law applies to labor service relations.

Fifth, the legal form of the contract is different. The labor relationship is determined by the labor contract, and its legal form is written, while the labor relationship can be written, oral or other forms! "

Lin Dajin lawyer paused at this point:
"Laborers provide labor for employers, and employers pay labor remuneration to laborers. The internal relationship between the two parties of management and being managed, command and obedience is the fundamental feature of labor relations!
Well, just like many companies outside, employees are required to clock in on time every day. If the boss asks you to do something, you dare not do it. This is one of the signs of being managed.

The labor relationship is much more casual, similar to Xiao Zhang, you help me buy a pack of cigarettes and I give you a dollar. Xiao Zhang can choose to accept the order, or he can choose not to accept the order, anyway, he will not be managed ! "

The golden barrister pointed at the owner of the instant noodle company in front of him...

It was just an analogy for everyone on the spot...

Xiao Zhang...

The boss of the company behind touched his gray hair.

I'm quite old, and I'm still called Xiao Zhang...

Gold medal barrister, Lawyer Lin, did you do it on purpose? !

You absolutely did it on purpose!
Gold medal barristers ignore...

I'm about the same age as you, what's wrong with calling you Xiao Zhang?
The general lawyer beside him nodded: "Although there is only a word difference between labor relations and labor relations, the rights and guarantees enjoyed by both parties are very different!

After you go out, someone tricks you into signing a labor contract. Do you know what to do?Just tell him to get out!
As migrant workers, what we have to sign is a formal labor contract! (The author is here to remind everyone to read it several times when signing the contract)"

The people in the blue vests were deeply impressed.

It turns out that the law is only one word away and there is such a big difference.

One word.

tsk tsk!
No wonder some people say that lawyers live off the word...

One of the main activities of lawyers is reviewing contracts...

Help people check.

getting paid...

Everyone looked at the TV hanging on the wall.

The case of claiming death compensation in this labor dispute has entered the most intense stage of tearing...

……

Plaintiffs.

Luo Kai output firepower one by one according to the lawsuit he filed:
"First: The agreement signed passively by the rider during registration is a monopoly agreement, which is not compliant and will be invalid from beginning to end!"

Luo Kai then restated how the defendant's monopoly accounted for the market share.

what?
Someone asked, would it be unnecessary to repeat it in court?

No, no!
In the previous case, it was stated that the defendant's monopolistic behavior was to prove its monopoly.

In this case of labor dispute, the purpose of re-discussing the monopoly behavior of the food delivery platform company is to confirm that the labor contract signed passively by the rider is a monopoly agreement and is an invalid contract.

The two cases seek to prove different points.

The purpose of the proof is different.

Moreover, the two lawsuits exist independently of each other.

It is impossible to directly use it in the next case after talking about the previous case.

This is like pushing formulas in math class.

After deriving the mathematical formula under the guidance of the teacher in the last class.

When the students are doing the questions themselves, they have to derive the formula again in the textbook!
This is a process that must be experienced in the program.

So it is absolutely necessary.

"...Therefore, according to our argument, the defendant is a food delivery platform company. It used its monopoly and dominant position to force the food delivery riders to sign a labor contract. According to the law, the contract that violated the law was not established from beginning to end!

Therefore, I am here to ask the court to confirm on the spot that this labor contract is not established! "

Damn!

Luo Kai denied that the takeaway agreement was a monopoly agreement!
It is illegal from beginning to end!
Since it is illegal, it will not take effect, it will not work!

no effect.

After Luo Kai demonstrated the first claim!
Since the labor contract between the rider and the food delivery platform is invalid.

Then the next step is to let the court affirm the labor contract relationship between the rider and the food delivery platform.

In this way, the takeaway rider can use the actual labor relationship as a springboard to get compensation.

Luo Kai glanced at the dock and continued:
"Two: There is a substantial labor relationship between our riders and the food delivery platform company, not a labor relationship!

The takeaway rider xx has been engaged in delivery work at the takeaway platform company three years ago, and the delivery tool battery car is rented by our rider to the takeaway platform site.

工作服印有“xx外卖”字样。外卖平台公司对我方骑手实施考勤，要求出勤时间是10:00至21:00，早上10:00前在xx社区的站点打卡考勤显示出勤正常，其他地点打卡显示外勤。

For the past three years, a morning meeting has been held at 10:[-] every Monday morning. The content of the morning meeting requires our riders to abide by the service rules and safety rules!

There are sick leave records in attendance records.

Since three years ago, each order of positive reviews has increased by 0.2 yuan, and each order of negative reviews has been deducted by 10 yuan.The monthly salary is paid twice, and the amount of the first payment of each month is different, and it is linked to the delivery volume and the number of days of attendance.

The bank transaction records show that wages are paid by the legal representative of the food delivery platform company..."

After talking about the specific situation, it is time to discuss and provide evidence:

"...A labor relationship is established if the employing unit recruits laborers without signing a written labor contract, but meets the following conditions. ([-]) The employing enterprise and the laborer meet the subject qualifications stipulated by laws and regulations; ([-]) The employing enterprise The various regulations formulated are applicable to laborers, who are subject to the labor management of the employing enterprise and engage in paid labor arranged by the employing enterprise; ([-]) Provisions that the labor provided by the laborer is an integral part of the employing enterprise's business.

Both our riders and food delivery platform companies are qualified as legal employers.

Our riders need to participate in daily attendance, and the screenshots of the attendance records show that it is the company that manages the attendance of the riders, not a third person.

In addition, the attendance software has set commute time, and riders need to clock in at the time and place specified by the company, and they need to go through the leave procedures when they are sick.

The content of the morning meeting also requires riders to abide by the work requirements of the food delivery platform company!

It can be seen that the provisions of the defendant company are applicable to our victim riders, who are subject to the labor management of the food delivery platform company. "

"...and the bank transaction details provided by us reflect that wages are paid by the legal representative of the food delivery platform company every month. The delivery of food delivery riders is part of the business of the food delivery platform company.

Moreover, they need to wear work clothes with the company logo and carry an incubator with the company logo of the food delivery platform to engage in delivery work. These element logos give customers reason to believe that they are engaged in delivery work on behalf of the food delivery company. "

"In summary, our deceased food delivery rider and the food delivery platform company conform to the three elements of labor relations, and there is a labor relationship between the two parties."

After Luo Kai discusses the most important identification of labor relations.

Then it's easy to do:
"Three: Ask the court to confirm that the sudden death of the rider while working for the food delivery company is a work-related injury!
Since our rider works for the defendant's food delivery platform company as a substantive labor relationship, something happened to him during work and he was injured, so it should be determined as a work-related injury (death)!

Sudden death should also be regarded as a work-related injury, which falls within the compensation scope of the defendant company! "

"Four: Request the court to order the defendant to compensate us for various compensations, totaling 350 million yuan.

If the victim of our rider dies suddenly at work, he will be compensated according to the compensation standard for work-related death:
1. Funeral subsidy, which is the average monthly salary of employees in the coordinated area for 6 months in the previous year...

2. The one-time work-related death subsidy is 20 times the per capita disposable income of urban residents in the previous year...

3. Pensions for supporting relatives: 40% per month for spouses, 30% per month for other relatives, and 10% per month for widowed elderly and orphans on the basis of the above standards...

After calculation, the total compensation cost reached 350 million! "

"Five: The lawyer's fees and appraisal fees incurred in this case shall be fully borne by the defendant! Our statement is complete!"

Luo Kai finished a few big points with reason and evidence.

There is a legal basis!
There are legal provisions!
There are facts of the case!
The logic is clear!

Analyze bit by bit!

It can be said to be in every possible way.

The momentum climbed up section by section.

The three judges listened and nodded.

Even the students who came to study in the spectator seats felt that...

This is indeed a substantial labor contract relationship.

The food delivery platform company must compensate the delivery riders!

After all, it was a sudden death while working for his company!
No compensation in this case?
This situation is not considered as labor relations?
So when will the compensation be distributed? !
severely compensate.

Faced with the need for compensation of 350 million according to what Lawyer Luo said...

He and the food delivery platform company hypocritically claimed that they only lost 2000 yuan...

The two are completely different verdicts.

The judge tapped the wooden hammer in his hand: "The defendant can start your defense!"

The plaintiff used the statement of the facts of the case and the claims as the spear of the attack.

Then the defendant can defend himself and form a defense shield.

Here comes the most exciting point.

The golden barrister sitting in the dock is full of confidence.

There is absolutely no restraint in the last case:
"First of all, in response to the first and second lawsuits filed by the plaintiff, we request that the labor contract signed between us and the rider be invalid and certified as a substantial labor relationship!
I don't agree with it at all, it's ridiculous! "

"We insist that the labor contract signed with the rider is valid, and the contract in black and white is the first, not a monopoly agreement, but within the legal scope!

During the process of every rider registering as a rider, there is a clear prompt clause on the registration homepage. The first item is "You know that the xx food delivery platform only provides information matching services, and you and the xx food delivery platform do not have any form of labor or employment relationship"!
It is clearly stated that only by reading the terms and ticking I agree can you register as a rider, and if you do not check I have read and agree to register, you cannot complete the registration, become a rider, and then cannot carry out order delivery business.

When the rider registered, he stated that he had reached an agreement with the outsourced labor service company under my food delivery platform to reach a labor service relationship, rather than a labor relationship. Therefore, there is no labor relationship between our company and the sudden death rider xx. "

Good guy, this girl's mouth is still hard.

Still insist that the monopoly agreement is valid!
After all, among the two sides of the labor dispute.

The most important thing is the contract signed by both parties.

Most of the judgments are based on the priority of the contract.

After all, it is more inclined to first identify the contract in black and white than the argument that the public is right and the woman is right.

Attorney Li, the gold medal lawyer sitting in the dock, is completely shameless.

Completely letting go of himself, he continued to say:
"In this case, the plaintiff's food delivery rider independently registered as a delivery rider through our food delivery platform, and he has a strong autonomy in his work!
And the means of transportation used for food delivery are leased by themselves, and the food delivery rider can independently decide whether to receive orders on the platform, how many orders to receive, and the delivery route, without having to obey our company's dispatch!
Moreover, our company does not assign workload to the rider, so it cannot be determined that our company has managed and controlled the rider. "

"Secondly, from the perspective of labor remuneration, the rider has no fixed salary. The labor remuneration is settled on a per-order basis, and it comes directly from the delivery fee paid by the takeaway buyer. He applies online every month and withdraws cash to the account immediately. It is recognized as wage turnover!"

When the gold medal barrister said this, he laughed:
"In summary, we believe that the plaintiff signed a labor outsourcing contract with our food delivery platform company, and signed it with our company as a self-employed person. This can be regarded as an equal cooperative relationship between the two business entities.

Since it does not constitute a labor relationship at all, let alone a work-related injury (death), and a series of compensation for death compensation is out of the question..."

"...For the sudden death of the delivery rider and for the death of one of our company's partners, our company expresses our deep apologies. Out of humanitarian considerations, we are willing to provide a maximum of 2000 yuan in consolation money. This has been exhausted Social responsibility! Our speech is over!"

After the defendant has finished speaking.

There was even some free time, and he flicked the defense in his hand lightly with his fingers.

These defenses have been tested in hundreds of previous cases.

Basically this is the process.

The only thing that remains the same is a slight change of so-and-so rider...

The other party has already made a modular reply.

There was a moment of silence in the courtroom.

The three judges took the complaint and the defense and compared them.

Suddenly, I saw a line of evidence that Luo Kai submitted for the prosecution!
So the judge asked on the spot:

"Since you, the defendant, do not recognize the actual labor contract relationship!
So what are the qualifications to deduct the fines of the takeaway riders and to pay insurance premiums every day? "

You have nothing to do with delivery riders.

Take no responsibility for anything.

It doesn't matter.

So why do you dare to deduct the other party's money?
Dare to fine?

Dare to collect part of the insurance money from it?

How the hell are you going to argue?

After asking this question.

The golden barrister sitting in the dock panicked instantly.

Lore!

　Update a chapter in the morning!Continue in the afternoon!Three more today! !

　　
　
(End of this chapter)