Li Chen's indictment, the other party to the prosecution is the distribution station, and it will not become a criminal case because the stationmaster was twisted to the local prosecutor's office, because the distribution station is a third-party operating company, and the stationmaster is just an employee and not a boss.

However, judging from the current situation, the problems reported by other riders can be regarded as solved, and the next point around is the contract.

Following the car of the trial court back to the trial court, Li Chen came to the reception room where the case was filed with dozens of contracts.

The contract was placed in front of the judge who filed the case, and Li Chen sat opposite the judge and said: "These are the contracts of their distribution station, and from what I know, they are a kind of false contracts."

The contract states that the rider and the station are in a cooperative relationship, but in reality, the centralized management system they adopt is the embodiment of the employment relationship:

Unified reward and punishment system, roll call, and even slogan shouting, etc.

Since it is a cooperative relationship, the salary payment mode cannot be uniform, but the next day like a part-time job, which is a delay in wages.

The identity of the stationmaster, which belongs to the management personnel and has an absolute leadership position, is the most obvious feature of the employment relationship. ”

The judge looked at the contract in front of him and nodded while reading: "If there is a rider as a witness, plus what you said, it can prove that the two parties are in an employment relationship." ”

After briefly reading a few contracts, Judge Liu raised his head and looked at Li Chen: "Your appeal is mainly that the other party buys insurance for the rider and pays the medical expenses for the injured person in the hospital.

If the other party does not agree, the case will be filed for you and go through the judicial process. ”

Li Chen nodded when he heard this: "There is no problem with mediation, but there is a requirement that must be explained."

If the other party deliberately delays, we need to bear our lawyer's fees, after all, I still have something to do, it is impossible to focus on this case, and it is impossible to accompany them to fight a protracted battle. ”

This case is simple and simple, because the facts are here.

But if it's not easy, it can drag on for a while.

The purpose of Li Chen's lawsuit is to solve the real problem of Zhang Xiaodong's family, and the other party can completely do something about it.

For example, refusing to enforce the lawsuit or delaying payment for reasons.

Today I paid in advance, I don't pay tomorrow, etc., etc...

After explaining to the judge, Li Chen went back to continue to prepare for the next step of mediation.

At the same time, the case filing judge of the trial court also informed the Yunsheng e-commerce platform of the content of the prosecution and mediation.

As the chairman, Zhang Bin is also very angry at the moment, mainly because of his stationmaster.

There was no dispatch at the distribution station, and a large number of customers reported their problems to the Kuaidian platform.

After receiving the complaint, the platform first canceled the company's title of excellent delivery station, and then imposed a fine.

For his explanation, the platform just ignored it.

In his heart, he hated the arrested stationmaster and the delivery rider who sued his company.

If it weren't for them, I wouldn't have been fined...

I notified my legal team, held an emergency meeting around the contract, and was relieved after hearing my lawyer's explanation.

First of all, the terms of the contract have already marked the relationship between the two parties, and are not an implicit contract.

Since the other party signed, it means that they agreed to this cooperative relationship of unified management...

The mediation was scheduled for 9 a.m. two days later, and Li Chen arrived at the court at 8:40.

Holding the relevant materials he had prepared, Li Chen entered the trial court through the security gate.

At 8:43, Li Chen came to the door of the mediation room to wait.

At 8:50, the relevant personnel of Yunsheng Electronic Platform came to the door of the mediation room.

At 8:55, Li Chen and the others followed the judge into the mediation room.

The mediation officially began, Judge Liu sat in the middle seat and began to go through the process, and Li Chen also began to explain his litigation demands: "Entrusted by the parties, and a series of issues related to the prosecution are fully authorized to Modu Law Firm, and I will sue on behalf of the parties." ”

Li Chen looked at the company at the site and said, "There are two types of lawsuits:

First, the real relationship between the rider and the platform is a labor relationship, not the contractual relationship described in your contract, and as the other party to the labor relationship, the rider's workload is greater than that of ordinary work, environmental factors, time urgency and contact with different people, now this industry has become a high-risk industry, all kinds of accidents are frequent, in this case, you as an employer should buy an insurance for the rider to cover their treatment problems.

The second point is the issue of the rider's delivery order, which is based on the feedback of multiple clients, you have unreasonable behavior in delivering the order, and the station manager of your delivery station has also been handed over to the local prosecutor's office for investigation on suspicion of bribery.

What I want to ask here is whether you know anything about the stationmaster and if any riders have responded to your questions.

His daring to act so recklessly is not the result of your acquiescence.

Thirdly, there is the issue of responsibility.

The rider at your station has an accident while delivering food, which is an accident at work, that is, a work injury, and you should pay for his medical expenses. ”

There are many types of work-related injury determinations:

1. Injured in an accident during working hours and in the workplace due to work reasons;

2. Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3. During working hours and in the workplace, due to violence and other accidental injuries due to the performance of work duties;

4. Suffering from occupational diseases;

5. During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;

6. Being injured in a motor vehicle accident on the way to and from work;

7. Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.

There are also many types of work-related injuries that do not belong to the work-related injury, the most typical three situations:

1. Injured or injured due to crime or violation of public security administration;

2. Drunkenness causes casualties;

3. Self-harm or suicide.

If you run a red light or have an accident in violation of the traffic law, it is very likely that it will not be recognized as a work-related injury...

"And Zhang Dazhuang's accident did not violate any traffic laws, let alone the fault party, and should be dealt with as a work-related injury."

After speaking, Li Chen looked at the few people opposite: "The above is my appeal, if you don't agree, then there is no need for mediation." ”

After listening to Li Chen's words, several people glanced at each other.

How is this different from what is said?

If you follow the logic of the other party, then there is no need for mediation...

Because their purpose is clear, which is to recognize the partnership and refuse to pay any fees...

I heard that a thousand writers with a monthly pass can draw a lottery?

I don't know, can I get 1,000 this month.........

(End of chapter)