Under the wave of the Internet economy, the relationship between platform enterprises and individual workers is becoming increasingly complex. Taking "flash delivery" as an example, whether there is an employment relationship between the flash delivery person and the platform enterprise has become a hot topic in the field of labor law. Recently, a related case has attracted widespread attention.
As the operator of the "Flash Delivery" APP platform, a company has attracted a large number of individuals to join as flash delivery workers. These couriers receive orders through the platform and provide courier services to customers. However, at the legal level, there are many controversies about how to define the relationship between these individuals and platform enterprises.
In this case, Yu, as a flash courier, entered into a "Cooperation Agreement" with the technology company ** after completing the registration. The agreement clearly states that the establishment of a commercial relationship between the two parties is not intended to establish an employment relationship. At the same time, the agreement also stipulates that neither party has the intention to establish an employment relationship with the other party, and if so, a written application shall be immediately sent to the other party, and the two parties shall negotiate and determine it on an equal footing. During the service period, the technology company did not ask for Yu's online order time, and Yu obtained service opportunities by grabbing orders according to the order information sent by the platform.
Faced with this situation, the court pointed out during the trial that the following conditions should be met for the establishment of an employment relationship: the employer and the worker meet the qualifications stipulated by laws and regulations, the labor rules and regulations formulated by the employer in accordance with the law are applicable to the worker, the worker is managed by the employer and engages in paid work arranged by the employer, and the provision of labor by the worker is an integral part of the employer's business. In the online delivery industry, platform enterprises have multiple organizational and management models for couriers and takeaway delivery workers, and whether or not to determine the existence of labor relations should adhere to the principle of giving priority to facts, and make a judgment based on the relevant elements of labor management, and comprehensively considering the existence and strength of personality subordination, economic subordination, and organizational subordination.
According to the court's view, the relationship between Yu and the technology company in this case did not meet the criteria for determining the employment relationship. Although there is an economic transaction between the two parties, it lacks sufficient personal dependence and organizational subordination, so it cannot be recognized as an employment relationship.
This case has brought new thinking to our understanding of labor relations under the current platform economy. In the Internet era, many individuals provide services through platforms, forming a new type of cooperative relationship with platform companies. This kind of relationship is often different from the traditional labor relationship, and is more reflected in a flexible and autonomous cooperation model. However, this also brings difficulties in the determination of labor relations. How to define the relationship between the rights and obligations of platform enterprises and individual workers, and how to protect the legitimate rights and interests of individual workers, have become urgent problems to be solved.
For platform enterprises, they should be fully aware of their responsibilities and obligations in the cooperative relationship. When formulating relevant rules and agreements, it is necessary to ensure that they are legal and compliant, respect the rights and interests of individual workers, and avoid unnecessary legal disputes. At the same time, platform enterprises should also actively explore new cooperation models with individual workers to promote the common development of the interests of both parties.
For individual workers, they should enhance their awareness of the law and the protection of their rights and interests. In the process of providing services, you should understand your rights and obligations, pay attention to the cooperation agreements and rules with platform companies, and ensure that your legitimate rights and interests are protected.
To sum up, the relationship between flash delivery staff and platform enterprises is a complex and diverse issue. In the context of the Internet economy, we should actively explore the legal framework and institutional arrangements to adapt to the new type of cooperative relationship, so as to protect the rights and interests of all parties and promote the healthy development of the economy.