Hungry means that the protection of accidental death of foreign sellers is not enough, and more needs to be done. From now on, the company will continue to add similar special pensions to the Blue Riding Care Fund, so that all families in Blue Riding can enjoy the double protection of insurance and care fund.
Secondly, if you are hungry, I also said that the insurance structure of crowdsourcing knight is not reasonable at present, and the underwriting amount is still insufficient. Hungry will promote the promotion of security and structural optimization, and the insured amount will be raised to 600,000 yuan. Before the implementation of the new insurance regulations, the platform will provide pensions. The 600,000 yuan pension in this incident will be delivered to the family members of the takeaway this week.
With the rise of the Internet era, crowdsourcing platform came into being. On the one hand, flexible employment, on the other hand, there is no "five insurances and one gold". The development of crowdsourcing platform has been discussed so far. In the new era, flexible employment is impacting the original labor relations. What responsibilities should the employment platform bear? How do crowdsourcing riders need to defend their rights? How to standardize development of flexible employment?
Helmet printing team, are you hungry? Do you want to print your coat?
They are crowdsourcing riders with "flexible and free employment"
65438+1at noon on October 8 12, Li Bing, wearing a helmet of Meituan logo and blue clothes, knocked on the door of a resident in Daxing, Beijing. Your meal has arrived.
"If you crowdsource, no one will take care of it. You can go to work at any time. " This is the 10 bill sent by Li Bing today. It's cold in Beijing recently, and Li Bing didn't get up until nine in the morning. "We can go to work at any time, and we don't have to pay for punching in, but overtime and early delivery will be fined."
65438+1at 0: 35 on October 9, the temperature in Beijing was already MINUS 9 degrees Celsius. Yang Xue (not his real name), a 32-year-old takeaway, is grabbing a bill at a restaurant on Qingnian Road. Yang Xue takes orders from two platforms at the same time, crowdsourcing and hungry crowdsourcing. He chose crowdsourcing mode instead of full-time, saying it was mainly for freedom and freedom.
Within one hour, 6 out of 7 orders were successfully issued, and returned to 1 order. His total income is more than 60 yuan. Around 1: 40, Yang Xuefa sent a message saying that he would take three more orders.
Li Bing and Yang Xue are both members of the crowdsourcing army. Crowdsourcing mode refers to a company or organization outsourcing tasks performed by employees to unspecified people in a free and voluntary manner. Take the user protocol of hummingbird platform as an example. Hummingbirds sign user agreements with users before registering crowdsourcing knights.
Xiaotian has also worked in the takeaway industry for many years, and now he is the head of a takeaway website in Wuhan. He introduced that the ratio of special delivery riders and crowdsourcing riders on the take-away platform has basically reached 6:4. "Crowdsourcing riders are very mobile, because no one limits whether he wants to run in a single day and how long it will take. It belongs to the kind that wants to go up and can't go up without thinking. "
Crowdsourcing rider platforms account for a low proportion. Xiaotian said, "Express delivery can guarantee the quality of express delivery service. Any problems in delivery shall be borne by the delivery site, but the platform commission is high. Crowdsourcing riders have a wide range of distribution, but the distribution service is not guaranteed. The platform is slightly lower, about 17%.
At the same time, the work flexibility is high. "When the order comes, crowdsourcing riders can choose not to take the order, and the order will appear. The merchant took the meal, but no rider took the order, which led to the cancellation of the order and the merchant's meal was done for nothing. In addition, crowdsourcing riders deduct money from one vote, deduct money from complaints, and deduct money from bad reviews. " Xiaotian said.
Li Bing also said that crowdsourcing is relatively free, but there are also express agents, which are specialized express agents. "There is a webmaster responsible for delivery, and you?
Take-away, flash delivery, delivery in the same city and other services closely related to public life belong to real-time logistics. Zhao Xiaomin, a logistics expert, said that at present, the common logistics fulfillment modes of ready-to-use platforms include subcontracting, express delivery and crowdsourcing. However, crowdsourcing mode accounts for more than 70% of them and will remain the mainstream in the future.
According to the blue book "China Flexible Employment Development Report (202 1)" published by School of Labor and Personnel of China Renmin University and Ren Rui Talent and Social Sciences Literature Publishing House, in 2020, the proportion of enterprises adopting flexible employment increased by more than 1 1% year-on-year, reaching 55.68%; More than three-quarters of enterprises use flexible employment mainly for the motivation of "reducing labor costs".
"The crowdsourcing model can be seen in areas that basically require a lot of labor. Without it, take-away and other industries could not develop so fast. A platform needs to recruit millions of people and conduct management training, which requires a lot of manpower and financial resources. However, in cooperation with this third-party outsourcing company, the workload of the platform is relatively easy. " Internet observer Ding Daoshi said.
At present, Internet companies Meituan, Hungry and other platforms are using crowdsourcing mode. Zhao Xiaomin said that crowdsourcing mode has obvious advantages, such as using social idle resources, reducing costs, high efficiency of platform matchmaking, diversified fees and large submission volume. On the other hand, the stability of order distribution will be challenged, legal disputes will be common, and some moral criticism will be faced.
Professor Xue Jun, deputy dean of Peking University Law School, said that the legitimacy of crowdsourcing mode is not a problem, it is a new format. But now there is a big problem in law or policy, that is, how to establish a social security system for employees under this new business model? Takeaway may not have a fixed single subordinate relationship, so it is different from ordinary labor relations, but the difference does not mean that it should not be guaranteed.
Zhang Jianping, a lawyer of Guangdong Sheng Bang Law Firm, said that the three criteria for identifying labor relations, namely, subject, subordination and provision of labor services, are all business components. If the distributor and platform meet the above attributes, a labor relationship is established. If there is no labor relationship between the platform and the delivery staff, the platform can be exempted from the labor law. This is a legal issue, and opinions vary as to whether it is reasonable or moral.
Ding Xiaodong, an associate professor at the Law School of Renmin University of China, said that the odd-job economy first affects the identification of labor relations, both in terms of labor law and workers' rights and interests. As we all know, in our country, labor relations and the identification of labor relations have a series of different legal consequences. If the relevant relationship in the odd-job economy is recognized as labor relationship, the employer
Units must undertake many mandatory obligations stipulated by law, such as the wages paid by employers to workers must be higher than or equal to the local minimum wage standard stipulated by the government; The working hours of workers shall not exceed the legal time; The rights and interests of special groups such as women are protected by relevant laws. If it is a labor relationship, basically you don't have to bear the corresponding responsibilities.
Dante Xiaodong also said that at present, more and more courts around the world have produced a new understanding, that is, there is no need to identify it as a labor relationship, and then the platform can be identified as responsible. "Even if it is not a labor relationship, it does not mean that the platform has no responsibility, especially in terms of personal safety."
Crowdsourcing riders "can only solve anything by themselves"
3 yuan insurance premium is deducted every day, but I don't know what it contains.
One of the crowdsourcing takeaways said after hearing this, "Before the accident, they were all employees, regardless of what happened." There is also a distributor who delivers medicine, saying, "Crowdsourcing, part-time, everything, but this is definitely the responsibility of the platform."
It is understood that the income of crowdsourcing riders is mainly composed of commission for running tickets, plus distance subsidies, time subsidies (midnight snack, breakfast) and bad weather subsidies. According to Li Bing, in summer, each order earns an average delivery fee in 4.5 yuan, and in winter, each order earns an average delivery fee in 8 yuan.
Crowdsourcing riders did not have five insurances and one gold, and did not sign any labor contracts. Xiaotian said, "Crowdsourcing riders' right to work is hardly protected. Everything can only be solved by oneself, including but not limited to: the vehicle breaks down on the way to delivery, the insurance process goes by itself, and various problems of merchants and customers are solved by themselves. "
At the same time, most of the take-away workers interviewed are not clear about the specific coverage of the insurance they have paid. A full-time delivery clerk said that he would deduct tens of dollars from his salary for accident insurance every month. But he also said, "I don't know what these insurances are for." Another part-time deliveryman said that he deducted 3 yuan of insurance every day, and he "didn't look carefully" at what might be insured. Most other people said, "I haven't reported it, I don't know."
Yang Xue's understanding of this kind of insurance is the main guarantee for accidents. "Whether someone else meets you or you meet someone else, it is an accident and it is all in this guarantee." But at the same time, he also thinks that this insurance has little impact, because "the maximum amount of protection seems to be only 60,000", and he said that he did not understand the specific content.
Shortly after crowdsourcing, Yang Xue bought other accident insurance and medical insurance for himself at the suggestion of his family. "There are many rules on the platform. Sometimes they play word games. We are all illiterate. If you can't play with them, you might as well buy an insurance yourself. "
A part-time deliveryman said, "Even if something goes wrong, no one can be found." He doesn't know what the three-yuan insurance premium deducted every day is for protection.
Wang Haiyi (pseudonym) is also a part-time crowdsourcing takeaway who is hungry and the Meituan takeaway platform. He said: "I deduct 3 yuan from surfing the Internet every day. If you work in two companies at the same time, you will be deducted 6 yuan a day. " Wang Haiyi said, I don't know what is included in 3 yuan's deduction, but the platform will deduct it every day, and there has never been a case of claim settlement.
"At present, the insurance for special riders is about 1.20 yuan per month, and the maximum claim amount is 1 10,000. Many charterers have insurance, 3 yuan 1 day, which is deducted from the commission of the first order every day. Crowdsourcing riders have no labor relationship with the platform, and the insurance process is very complicated. If the crowdsourcing rider does not take the insurance process himself, the accident will basically be abolished. " Xiaotian said.
"1 yuan commercial insurance, the maximum claim amount 1 million, which insurance company will take it?" Wheezing, the 3 yuan insurance paid by the takeaway every day goes to the insurance company, and there is no money to deduct the service fee.
18/00, 65438 responded in the announcement that in the current crowdsourcing service contract, crowdsourcing knights will pay the 3 yuan service fee every day before leaving the order, and if they are hungry, the platform will collect it for them. If they are hungry, the platform will pay a part of the expenses, which will be handed over to the human resource provider served by the rider, entrusting him to provide services such as labor management and safety guarantee for crowdsourcing riders, in which it is agreed that the human resource provider will insure the riders against accidental injuries.
"Riders should actively safeguard their rights and interests through judicial means"
"Call on large companies and platforms to introduce third-party insurance"
Han Xiao, a lawyer of Beijing Kangda Law Firm, believes that there seems to be no problem with the legitimacy of crowdsourcing mode in terms of form. As an independent legal person, the platform has the right to decide whether to sign an agreement with other legal persons to entrust some business to other enterprises, and the distribution company also has the right to sign an agreement and determine the content of the agreement independently within the legal scope. If the contract between the parties under crowdsourcing mode is not invalid or revocable, it shall be deemed as legally valid.
"Then, under the condition that all contracts in crowdsourcing mode are legal and valid, the legitimacy of crowdsourcing mode itself should be affirmed. Due to the existence of legitimacy, it should be considered that the platform company is suspected of evading the responsibility of the employer. It is too vague to answer directly from the legal level. " Han Wei said.
"As far as the current situation is concerned, in the process of safeguarding their rights and interests, take-away riders should actively request the judicial organs to conduct examination through arbitration, litigation, etc., to prove that they constitute labor relations and can safeguard their rights and interests according to the relevant provisions of the Labor Law." Han Xiao suggested.
Zhao Xiaomin said that at present, the crowdsourcing model does have a lot of room for improvement. However, due to the rapid development in the past, in order to encourage the development of the whole platform, the supervision adopts the principle of flexibility and prudence. Nowadays, the scale of each platform is getting bigger and bigger, and the follow-up protection of employees also needs to keep up. Call on big platforms and companies to take the lead in setting an example, such as introducing third-party insurance.
"The fragmentation of the labor force will also bring growth problems to workers. Workers may have more job opportunities or more job-hopping opportunities, and the flexibility of time control is higher. However, if workers blindly do odd jobs, do not systematically study, and do not transform and upgrade their labor skills, it may be detrimental to their own growth. It may also be a huge challenge for the overall transformation and upgrading of China's labor capacity. " Ding Xiaodong, an associate professor at Renmin University of China Law School, said.
As an old man who has worked for many years, Xiaotian thinks crowdsourcing is a product that does not conform to the development of the take-away industry. Over the past year, crowdsourcing has become more and more difficult, because the quality of delivery is guaranteed and there are enough people for a single delivery, which will force crowdsourcing orders in the region to become special delivery orders.
"Crowdsourcing mode is a legacy of the rapid development of the take-away industry. At the same time of development, people can't keep up with the trend of single quantity growth. Because of the take-away platform, the unit price of special delivery is reduced almost every year, which leads to the decline of the rider's unit price, and the rider goes to crowdsourcing. " Xiaotian said that the only way to change is to raise the express delivery price of the take-away platform. If the price of riders is in place and the quantity is stable, no one will do crowdsourcing.
Related Q&A: Crowdsourcing riders are too risky to stop running in 2023. Crowdsourcing riders, different from special delivery riders, refer to riders who can take orders from multiple take-out platforms and register at any time. Due to the different management policies of each platform, although the control measures of Meituan take-out can ensure that riders are certified, there may still be cases where other platforms send orders to undocumented people. The police reminded that during the epidemic, the electronic pass issued by the relevant departments is a necessary condition and pass for the delivery personnel to take up their posts, so as to ensure that the delivery personnel meet the relevant epidemic prevention and safety management regulations. The police will continue to severely investigate and deal with acts that violate epidemic prevention regulations, such as distribution personnel not obtaining electronic passes to engage in distribution and delivery business and not accepting nucleic acid testing as required. Related Q&A: Is it better to make takeout, take-out by the US group or crowdsourcing? Please give me a good suggestion? Original: /content/ 108497
It's interesting to see the launching activity of # I Help Cheyou Run a Bill # on Weibo. My life often depends on take-away, but I seldom have the opportunity to talk to take-away riders and learn about their lives. I think I can walk out of my life like this and have a look at their happiness and distress.
I help the rider run the race.
I ordered two takeaways (one milk tea and one rice) and chatted with three takeaways. One of them is that I sit in a chair and have a rest. I saw him brushing his mobile phone to rest, so I leaned over and chatted with him for a while until he was going to cook. I chose the time from 2 pm to 4 pm, because the takeaway rider will not be very busy at this time and may have time to talk. After I ordered the order with the usual address, I sat by a flower bed near the merchant and waited for the arrival of the rider. Then I called them to explain the situation and asked them to bring it to me directly after dinner.
While waiting for the rider to deliver my meal, I felt the urgency of "time" for the first time from their perspective.
Screenshot of the ordering page provided by the author.
Once, after I ordered a meal, the total delivery time given by the system was 42 minutes. After 3 minutes, the system shows that the rider rides an electric car from 1.6 km away to pick up the meal. But after entering the store, the waiting time for picking up the meal is very long. At first, 10 minutes was displayed to take the meal, but after 7 minutes, the meal taking time changed to 1 1 minute. This waiting process is quite anxious. Finally, after waiting for more than 20 minutes, the rider finally got the meal in about 15 minutes. Under normal circumstances, the destination address of this order is about 2 kilometers away from the store, with 5 traffic lights in the middle. If there must be more than three orders at the same time during the meal, their anxiety and tension may be much more than I realized.
The time axis on the left is the prompt provided to the user by the takeaway software; The time axis on the right is the remaining time calculated after completing the order, and you will find that it is inconsistent with the system.
After getting the meal, I began to talk to my riders about their work and life. First of all, regarding the rewards during the Spring Festival, some time ago, I exposed the New Year's greetings for routine riders on Hungry, and I set a maximum reward of 8,000 yuan. But I don't want to give it to you. I made a coquettish operation to let everyone stay and run the order. In the end, I couldn't get the money. So I asked three riders about their experiences.
1 The beautiful group is dedicated to the rider: he is about 25-30 years old and has gone home for the New Year! I didn't rely on these rewards to keep my pace home. He heard that the reward given by (the US delegation) is not as much as 8,000 yuan, and there may be 2,000 yuan in addition to the normal order.
Note: Special delivery is similar to full-time delivery. Every day, the order must be run online within the specified time, and the contractor site of Meituan will carry out daily management.
Hungry? No.2 for riders: After 00, it will be 20 in a few months. He started to join the Hungry Running List at the end of 65438+February last year, and went home for almost 8 days in the New Year. But I still got the "Return to Work Award", which started from 165438+ 10 on October 30th and lasted for two months until February 28th, and I met some conditions (forgot to ask! ), my brother got nearly 3000 yuan, quite satisfactory.
I don't know if the hungry routine is not exposed, will this rider get the money so smoothly? Brother Beijing, who contributed to the exposure of the hungry incident, may have an accident. I hope he can get better!
Crowdsourcing rider of the No.3 US Mission: About 30 years old, he said, "I run crowdsourcing. I don't have these things. Maybe they just sent them! " .
Note: Crowdsourcing is a decentralized work form. Takeaway riders have more freedom to decide their own working hours, but correspondingly, if they don't join in the peak of food delivery, or the working hours are not long enough, such as more than ten hours, their income may be lower. They are all riders, and people are different.
After understanding it (although it may be one-sided), I feel that the groups of takeaway riders are very different. Some take-away riders have great family pressure and want to make more money, so they will be attracted by high subsidies during the New Year. But some people still choose to go home for the New Year. The reward intensity set by different platforms and the reward rules set by different types of takeaway riders are also quite different.
The life experience of takeaway riders is also very different, and they have been engaged in different industries. In the delivery experience, there are some similar experiences, but there are also some differences: 1 the US delegation sent the rider and 00-2 hungry, younger. They feel that the job of delivery has its advantages, but they also really appreciate the hard work inside. The crowdsourcing rider of the No.3 US Mission is older. Although it is not explicitly stated, the hidden stamp in the words means "I have experienced wind and rain, and it is quite easy to deliver meals!" "。
The takeaway rider who got the meal was photographed by the author, the same below.
1 is hungry. The rider thinks that the current income is ok. The time of running the order every day is uncertain. Sometimes I get lucky and run 10 for more than hours, and I can earn 300 yuan. Sometimes I run for more than 12 hours but I haven't got 200 yuan, depending on how much the system sends. He can earn about 8000 yuan a month, which is higher than his last job. He used to be a customer service worker and his salary was quite low. You can get 6000 yuan a month when you are high.
There is a very complicated hierarchy in the system of Meituan. Generally speaking, the longer the rider runs, including the daily working hours and the previous historical working hours, if the overtime rate is low and the customer's bad review rate is low, priority will be given, but the algorithm itself is not transparent. If the algorithm is modified, the rider may not know exactly where the problem lies.
At lunch and dinner, he sent six orders in about an hour, including taking meals from local merchants, waiting for meals, and then sending them to each customer. In this tense time, if the residential area where the guests live can't wait for the elevator for a long time, or the electric car is not allowed to enter, it will be very miserable.
He is most afraid of encountering that kind of "abnormal" situation, such as the bad weather, it is difficult to send; If the merchant eats slowly or is stuck (stuck food means that the merchant has not finished the goods within the scheduled time), it will affect a series of subsequent orders and face the problem of overtime. Even if the card meal order can be exempted from overtime punishment (sometimes the platform will not deduct your money directly according to overtime), the affected order cannot be exempted from punishment. Customers and platforms will not be humanized because of the overtime of previous orders. If a customer complains or has a bad review, it will be deducted from 100, which makes no sense. If the customer doesn't answer the phone, the customer's address is wrong, which is also very troublesome. These "anomalies" may happen every day.
Hungry, No.2, the rider earned nearly 6000 last month, and he feels ok. He thinks it's better to run a takeaway than to follow up with the factory. He said something that impressed me, roughly: "I felt that time passed slowly when I entered the factory, and I hope he will hurry up;" If you send a takeaway, you are afraid that time will pass too fast, thinking about who will slow him down. "I understand that" slow "in this sentence means that the work in the factory is very, very boring, waiting for him to kill time; The delivery time is very tight, so we need to hurry and deliver the goods on time. At the end of the chat, he also said that the job was "really tiring" and he couldn't stop, because few people were hungry (it seems that there are fewer and fewer hungry riders now), and he felt a little tired because other people's orders were in his hand before.
The crowdsourcing rider of the No.3 Meituan once opened a shop and lost money, and also specialized in takeaway shops. Later, the business of the takeaway shop was not good, so he closed the door and went out to make takeout as a transitional stage. He once participated in this system as a "merchant" at the other end of the takeaway, complaining loudly that it was hard to make a takeaway shop, and he was too busy to stop and make money. In particular, he complained about the preferential activities that the US Mission forced merchants to participate in. If they take part in some preferential or reduced activities, they must pay by themselves. If they participate, the traffic is there, but they can't make money. If you don't participate, the US Mission won't give traffic, and the store ranks low, so guests can't find it at all. Without traffic, this store is equivalent to dying slowly.
Having experienced the hardships of starting a business, this rider is very Buddhist in takeaway. Crowdsourcing itself is a relatively free category. Sometimes he gets up early in the morning and runs at eight or nine o'clock, sometimes he goes out at 1 1 to catch the afternoon peak, then sometimes he takes a rest in the afternoon and then comes out at night to run 1 1. His income last month was about three or four thousand yuan, and he was very satisfied. He said that he usually runs near the list, because he is familiar with this area, so he can know where to go and how to get there at a glance, so he doesn't have to worry very much, so he runs very comfortably. If you want to go to some unfamiliar places and can't find the way or something, it will be more difficult.
Through chatting, they changed from tools to people.
A few hours in the afternoon, I chatted with my riders all the way down, and I felt that the difference between these riders was quite big. Some riders have family pressure and need to earn more money. They run 14- 16 hours a day, or they may earn more than 10,000 yuan a month, but most people (if they run full-time) don't have this level. In a place like Guangzhou, they may earn 5000-8000 yuan. Compared with entering a factory or some low-paying service industries, you can still take out more food for the same working hours. But this may be converted from their high risk, manual labor and insecurity.
This group includes people with various life experiences, both young and old; Run very seriously and don't miss any money; There are also people who run like a Buddha and take this job as a temporary transition. The previous article "Riders trapped in the system" mentioned riders trapped in the system. In the news that riders are hungry during the Spring Festival, we also see the powerlessness of riders facing the Big Mac system. In the face of some unreasonable rules imposed by the platform and system, what methods can this differentiated rider group face?
I saw someone in Weibo say that it is meaningless to help the rider run the single race, but it is to help the platform continue to be arrogant. Actually, I didn't think that much. I don't think many things have to be that high. In the words of hungry riders, it is "of course I am happy, don't rush to get food." Through my small step, we walked out of the daily path together, reflected on our own life and saw the lives of others. For me, because this is a process of * * * affection, * * * singing and understanding, this process can help me transform them from the thin and rigid image described by the media into real people.