The main reason why Zhang Xiaodong is angry is that his brother is also a delivery man.

Seeing the deductions that others said, he also heard his brother mention them.

In the past, I felt that the other party was just lamenting that takeout was not easy to do, but now when I hear others say the same, it is really disgusting.

Seeing this, Li Chen also nodded: "It also has to be investigated and evidence collected, because their deduction is actually a violation of labor law..."

The takeaway order is a few yuan, but the deduction is dozens of yuan or more, which is a serious overstep.

The Labor Law clearly stipulates:

1. It is illegal to arbitrarily deduct wages from workers, and it is recommended to complain to the labor inspection brigade once it occurs;

2. Legal basis: Article 15 of the Interim Provisions on Payment of Wages issued by the Ministry of Labor stipulates that an employer shall not deduct the wages of employees.

3. There is no provision in the labor law for enterprises to impose fines on employees. There are corresponding provisions in the Interim Provisions on Payment of Wages. Article 16 If the employer suffers economic losses due to the worker's own reasons, the employer may require the worker to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary. However, the monthly deduction shall not exceed 20% of the employee's monthly salary. If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.

After meeting the other delivery people, Li Chen first gave standard answers to their questions.

First of all, the site or the platform, their deduction is not legal in the first place.

Food delivery riders belong to a special industry, and if they are not employed by the site, and the bad reviews have not caused actual financial losses, then they should not be deducted so much money.

If there is a problem with the customer's food and drink due to a problem with the rider, or there is a chargeback during the delivery process, they will only bear the cost of the item.

And after the customer does not cancel the order and digests the takeaway, the rider can no longer bear the other costs.

And the bad reviews are only for the riders, and they don't actually cause losses to the platform and the site, so why should the riders be deducted for damaging the platform's image?

And in the signed contract, these things are not written in it, which is a hidden clause.

In the process of going to work, the equipment of the delivery staff: electric vehicles, delivery boxes, helmets and other equipment are all at the rider's own expense, which is a cooperative relationship.

It can be seen from the actual situation: the site implements unified management of the special delivery staff, and the rights of the station manager are greater than others, which is not a cooperative relationship, but an employment relationship.

If it is an employment relationship, then it is not reasonable for him to let the rider buy the electric car and other supporting facilities by himself.

Sitting at Zhang Xiaodong's home, several delivery riders were a little confused when they heard Li Chen say that he spent money unreasonably.

One of the riders, named Wang Guanghui, asked directly: "Lawyer Li, when we signed the contract, the station manager had already told us that we needed to buy it ourselves before we could go to work, and they still had to allocate a car to us on the platform?" ”

"First of all, you have to determine your relationship."

Hearing this, Li Chen continued to explain the key part of the relationship between the two to a few people: "If it is a cooperative relationship, it is reasonable for you to buy things by yourself, but in terms of relationship, you and the stationmaster belong to the same status, and you should also have the right to know the takeaway orders and specific prices, etc., and it is up to you to decide whether to do it or not, and only if you are the employees of the site working for them will there be a unified pricing." ”

If you think about it carefully, the behavior of the stationmaster is actually more hateful than the behavior of the intermediary to introduce you to work in the factory.

Judging from the behavior, both have something in common, that is, their financial sources are migrant workers.

The intermediary takes the labor fee from the worker, and the station manager takes the delivery fee from the rider.

According to the calculation that each person can create 500 orders a month:

One dollar is five hundred dollars a month.

Let's say he has thirty regular riders at his site, and he can make a net profit of fifteen thousand a month...

Being a boss doesn't have to do anything, let alone take any risks, and it's all the rider's own problem if something goes wrong...

You work hard to make a lot of money, and the boss takes a set of big money from you.

This feeling...

Who wouldn't want to do it?

As for the webmaster on the Internet who is an employee recognized by the platform, they dare not admit this.

If the stationmaster is also an employee, then these riders should also be employees who eat quickly, because they are working at the station...

As for whether it is reasonable to buy a car and other equipment?

In other words, he is unreasonable:

You go to work in an electronics factory, and the electronics factory has a hard requirement, which is to let you buy the equipment that is produced.

If you screw the screws, you have to buy screws and go to the factory to screw them in order to have a job, and you have to spend money to buy bricks when you move bricks to the construction site...

Isn't it the same for delivery riders?

Isn't it true that you can only go to work by spending money on equipment such as trains?

Isn't it unreasonable for you to think so?

If you admit the employment relationship, then it is unreasonable for you to provide a job without providing equipment, and if you deny the employment relationship and bite the non-employment relationship to death, then you have to find a way to make the unreasonable process reasonable.

Of course, if the platform admits that the webmaster is the best employee of their platform, then Li Chen will be able to take advantage of the situation to pull the platform into the water.

The next thing that needs to be verified is whether the webmaster is working for others or for himself.

If it's for someone else, then find his boss, if it's for himself, then he will bear all the problems himself...

Regardless, it's always right to sue the site first.

And Li Chen's client has also increased from Zhang Xiaodong to nine.

Co-commission, they can be sued together for their problems.

There are those who respond to deductions, and some say that the orders of the platform are unreasonable.

Li Chen brought a computer, recorded all kinds of matters entrusted by their power of attorney on a power of attorney, printed it and asked them to sign the power of attorney, and pressed their respective handprints.

After dealing with these, Li Chen found a nearby hotel as a temporary foothold, and seized the time to prepare the prosecution materials.

The next day, at nine o'clock in the morning, Li Chen took a taxi and prepared to go to the local court with the entrustment.

Holding the materials to clear the security gate, Li Chen also saw the judge who filed the case.

Since Li Chen's indictment clause was not supported by evidence, he could only apply for an investigation order to collect specific evidence:

1. The specific contract signed by the platform and the rider.

2. What is the specific basis of other people's delivery orders, and whether there is any unfairness.

3. Whether the rider's salary is paid by the platform or decided by the station manager.

The judge in charge of filing the case also watched Li Chen's video, and did not give him the card too much to die in the case filing, otherwise it would be difficult to agree to his request to file the case and the reasons for the investigation order.

Because Li Chen's indictment said that it was all a matter of other people's reactions, and there was no real evidence to support the indictment.

If you don't have any evidence, you want to sue someone, unless you are Zhang San...

(End of chapter)