"Run casually in the province, easy monthly income of more than 10,000 yuan", "strong platform, priority dispatch", "high-paying work, welcome to join" ......In the face of such an enticing slogan, you happen to have no suitable job for the time being, will you be tempted?Through this or that routine, many online car-hailing companies in many places have deceived many citizens who are eager to make money, resulting in an already stretched family financial situation even worse.
Market management departments in many places have also noticed these problems, and some have issued market warnings to remind the public to be cautious in order to avoid being deceived;Some have issued unified specifications for online car-hailing leasing contracts to eliminate contract traps and protect the legitimate rights and interests of citizens. Industry insiders believe that in today's increasingly saturated online car-hailing market, the market warning and supporting protection measures of the management department can be described as "timely rain", which is crucial to maintaining the standardized and long-term development of the market.
A while ago, due to family reasons, Mr. Xu from Nanjing left a certain engineering unit, and considering that he could not be too far away from home, he wanted to find a job in the city temporarily. Through a city **, he got in touch with an online car-hailing company. In the initial exchange, the other party's business manager told him: "You have driving skills, rich work experience, as long as you work hard, a monthly income of 10,000 yuan is not a dream." And the time is still free, usually run in the city, occasionally run a long distance, take a big order, life is better. ”
Under the rhetoric of the other party, Mr. Xu was overwhelmed and felt that as long as he drove an online car-hailing car, he would be able to solve the income problem immediately. When signing the contract, the other party gave him an electronic contract, and said that it was a fixed form contract, which was the same for everyone. At the urging of the other party, Mr. Xu did not look carefully, so he signed hastily, paid a deposit of 6,000 yuan, and rented an online car-hailing car.
When it was time to actually drive to take orders, Mr. Xu found out that he was either driving a "black car" to take orders from an online car-hailing platform, or he had to take hitchhiking orders, the so-called long-distance big orders, which were actually cross-city hitchhiking business. He has never worked in this industry, and he can't get any orders at all, and he can't make a few dollars a day. You must know that the company stipulates that Mr. Xu pays more than 4,000 yuan in rent a month, and it is more than 1,000 yuan per week. Mr. Xu persisted for a week and found that he couldn't make any money at all, so he approached the company and asked for a refund of the deposit and the car.
At this time, the other party took out the contract and said that if he returned the car now, there was no way to return the deposit, and he knew that he had been fooled. He consulted a friend who knew the law with the contract, only to learn that there were "routines" in the contract, and it was difficult for Mr. Xu to win the lawsuit. There was no way, after he ran for another week, he couldn't hold on anymore, so he complained to the relevant departments. Later, under the coordination of the transportation department, Mr. Xu finally got back the deposit of more than 2,000 yuan. Tossed back and forth for more than a month, not only did he not make money, but also lost nearly 4,000 yuan, and Mr. Xu was very helpless.
Coincidentally, in Jinan, Mr. Wang encountered a similar trap. He saw the information on a recruitment **, at first he wanted to apply for a driver's position, but only after he went did he know that the other party was an online car-hailing company. At the beginning, the other party also said that he was crazy, saying that as long as he worked hard, he could easily earn seven or eight thousand yuan a month, and if he was lucky, it was possible to exceed 10,000 yuan. At the same time, the company has a special online car-hailing platform, which keeps placing orders every day, doing it first, and then slowly handling the relevant documents, so that it can run online car-hailing for a long time in the future. "Be your own boss, not controlled by others, do as much as you want, and rest if you don't want to do more, what a good career!The other business person said so. As soon as Mr. Wang's mind was hot, he signed a contract to rent an online car-hailing car.
When the operation really began, Mr. Wang found that all promises were "flowers in the water" and "moon in the mirror". However, he was lucky, he didn't want to do it after driving for two days, and finally managed to get the deposit back under the coordination of the traffic law enforcement department.
Search the web for "ride-hailing traps" and such stories have happened everywhere. "They generally publish information on recruitment** such as 58.com and Zhaopin.com, and rely on false information such as 'high income and no pressure' to attract people to the industry. After meeting, they have special words, and they talk about one set of words, and ordinary job seekers can't resist their ** at all. Even if you don't have a penny, they have a way to get you to borrow money from some platforms to pay a deposit, and then trick you into driving a ride-hailing service. An industry insider told reporters, especially some young people who are particularly impulsive, once they are hot-headed, they are easy to be led by others, so as to fall into the "trap", which is a waste of time and a loss of money. And these people often do not have a strong sense of law, and after being deceived, because they will not be able to defend their rights, many of them choose to suffer dumb and lose money.
Of course, these people have actually done tricks on their contracts, and there are many traps in them, and it is difficult for ordinary people to get their deposits back through litigation. Many people call the police to deal with it, which is generally only characterized as an economic dispute, even if they go through the court proceedings, they will face a long cycle, and even if they win the lawsuit, they will not return the money because the other party has no assets to execute.
Recently, Nanjing issued a risk reminder for online car-hailing operations, focusing on three routines for recruiting online car-hailing drivers, and also a number of risky enterprises.
Nanjing's transportation department said that during market law enforcement inspections and handling complaints, it was found that some driver recruitment intermediaries and vehicle contracting and operation companies had infringed on the interests of drivers. The former is an intermediary company and human resources company that is mainly engaged in recruiting drivers and earning recruitment agency fees or vehicle price differences;The latter is a company that is mainly engaged in subleasing other people's company vehicles, recruiting drivers and operating them, earning rent differentials and management service fees.
There are three main ways for them to recruit drivers: one is to release information through Douyin and 58.com, attract drivers to sign contracts with false publicity, exaggerate income, and lower the threshold, and cause drivers to breach the contract by setting assessment targets that are difficult to complete, and charge high liquidated damages;or deduct the driver's deposit for various reasons when the driver returns the car, causing the driver's financial loss. The second is to introduce the so-called "work mode", "cooperation model" and "profit sharing model", induce drivers to sign contracts with zero threshold, low deposit, no rent, and basic salary, and agree on a high turnover index, if it cannot be completed, the driver needs to make up the flow difference, or collect the car on the grounds of breach of contract and collect the driver's liquidated damages. At the same time, some drivers' income is collected and distributed by the leasing company, and the driver has no right to dispose of it. The third is to induce drivers to engage in illegal operations by forging online car-hailing transportation licenses and online car-hailing driver licenses, once they are seized by law enforcement departments, not only the ultimate legal responsibility may be borne by the driver, but also the company will determine that the driver is in breach of contract on this ground, and deduct the driver's turnover income or deposit.
Industry insiders said that "routine companies" like Nanjing actually exist in many cities. The original intention of its business is to use these traps to deceive people into the pit, and then defraud them of their deposits. A gentleman does not stand under a dangerous wall, and for such situations, it is only wise to stay away from such a "routine company".
For this kind of online car-hailing market**, local transportation authorities have also slowly understood the details and taken some targeted measures. Recently, Guangzhou, Chengdu, Changsha, Mianyang and other cities have issued specifications for online car-hailing rental contracts, which safeguard the legitimate rights and interests of online car-hailing drivers and promote the healthy development of the industry through clear contract terms.
The reporter comprehensively compared the contract specifications issued by these cities, and found that they have given guidance on the cooperation methods, accident handling, and pick-up and return of online car-hailing rental vehicles, and clarified the use of rent, deposits and liquidated damages, so as to avoid a series of traps in the contract, and ultimately help resolve the pain points of the industry such as "difficulty in returning the car, non-refundable deposits, and arbitrary deduction of fines".
In addition, the contract specification clearly requires that in terms of cooperation methods, it is forbidden to link the use of vehicles with the limited online car-hailing operation platform, and it is forbidden to assess and agree on online car-hailing operation behaviors such as flow, number of days out of the car, duration of the trip, and scope of orders. In terms of vehicle rental, the driver's flow can be used as one of the vehicle installment deposits and rent repayments**, but there is no right to close the driver's cash withdrawal entrance. In terms of vehicle insurance, in the event of an accident on a leased vehicle, no insurance floating fee should be charged, and a reasonable accelerated depreciation fee can be charged according to the driver's insurance liability, but not higher than 20% of the vehicle maintenance fee. In terms of early return, the penalty for early termination shall not be higher than 20% of the rent for the remaining lease period, and the rent shall be calculated according to the actual number of lease days if the lease days are less than one full month.
In terms of the terms of car repossession, many places stipulate that the fees payable (including but not limited to rent, installment deposit, penalty for violation of violation, liquidated damages for vehicle damage, accelerated depreciation, etc.) exceed 50% or more of the deposit paid before the car can be collected. The terms that do not conform to the vehicle leasing agreement, such as not leaving the car or the flow of water not meeting the standard, should not be regarded as the driver's breach of contract clause, and the driver should be closed or fined.
In this regard, some "old birds" who have been engaged in the online car-hailing industry for several years said that the vehicle lease contract focuses on terms such as compensation, fines, and deductions. The affiliation contract should be simpler, and look at the key clauses such as affiliation fee, revocation of affiliation, and transfer. Don't just look at it, be sure to read it word by word, the more he urges you, the more you have to look good, and it's best to find a professional for guidance. Some people also said that when renting a car, try not to rent a new car or a quasi-new car, so that it is more troublesome to return the car. It's 2023, it's best to rent a used car before 2020, drive for a while and leave the lease, the risk will be much smaller. (Jinan ** reporter: Dai Shengbao).