Source: Legal Daily
The relationship between the platform and drivers should be clear.
The affirmation of the relationship between the driver and the platform is directly related to the vital interests of the driver. It is necessary to clarify this issue from the legal level. Otherwise, the legal disputes that may arise will be unfavorable to the development of the net car industry.
After receiving 1573 orders, the total payment of 3696 yuan protection fee is only 10 thousand yuan. Recently, after a traffic accident in Hunan, Wang Can, the driver of an Internet-appointed vehicle platform, died, his family found that the maximum accidental death insurance promised by the platform had shrunk to 10,000 yuan. Wang Can's experience is not an isolated case. Because of the characteristics of the work, most of the netizens are on the road, and the possibility of accidental injuries such as traffic accidents is high. If an accident occurs, whether workers can enjoy the treatment of work-related injuries, whether the Internet platform to assume the corresponding responsibility, similar disputes have occurred in recent years (September 25 surging news).
The affirmation of the relationship between the driver and the platform is directly related to the vital interests of the driver. It is necessary to clarify this issue from the legal level. Otherwise, the legal disputes that may arise are not conducive to the development of the network contract car industry, to the protection of the legitimate rights and interests of the network contract car drivers, and to the protection of the legitimate rights and interests of the network contract car passengers and the third party subject damaged by the network contract car accident.
Some people believe that the platform and the network contract between drivers is a labor relationship, but the platform does not pay drivers, the lack of key elements of labor relations, this argument is untenable. A platform believes that it is a contractual relationship with the net drivers. The most typical intermediary contract relationship in real life, such as housing intermediary services, intermediary to provide housing sales information, whether the sale relationship can be reached depends on whether the buyer is satisfied with the quality and price of the house, its focus is on the specific property, as to which intermediary the house is issued and does not affect the final decision of the buyer. Sure. From the perspective of the relationship between the driver and the platform, it conforms to the relevant legal provisions of the intermediary contract, that is, the driver does the work according to the information provided by the platform, the passenger does not need to ask, and the platform charges a certain amount of compensation.
From the actual situation of the operation of the network contract car market, whether part-time or full-time, the network contract car drivers are working for themselves, running more will make more money, running less will make less money, bear their own profits and losses, bear their own risks. Of course, the agreement between the driver and the platform should be clear, how to share the loss caused by accidents, the platform and the driver in the conclusion of the contract has agreed, from its agreement, but not against a third party.
It is necessary to make it clear that the intermediary contract between the driver and the platform can not restrict the passengers and the third party. Otherwise, if the platform intentionally conceals important facts related to the conclusion of the contract or provides false information to damage the interests of passengers, the platform shall not require payment of remuneration and shall bear liability for damages, the platform will not have to undertake other legal disputes between the driver and the passenger of the network contract based on the relationship between the transport contract. Responsibility, then the most direct effect is that the platform does not have to be responsible for the damage to passengers and third parties caused by traffic accidents, which is unfair to passengers. Passengers only make an appointment based on their trust in the platform. After the announcement of the appointment information, which network contract vehicle will take care of the work, in the passenger's view, is an internal matter of the platform. Passengers'choice is limited. In the early stage of insufficient information about the network contract vehicle and its driver, the latest network contract vehicle is often the first choice.
It can be seen that the passengers are in a transport contract with the platform, but the contract is completed by the driver of the network contract, the platform should be jointly responsible for compensation with the driver of the network contract, after fulfilling the corresponding compensation obligations, the driver can recoupe. If the third party is damaged in the course of completing the contract of carriage, the driver of the net contract should also refer to the above principles. Only in this way can the principle of equivalence of rights and responsibilities be realized in the operation of the Internet contract car market and the legitimate rights and interests of all parties be effectively protected.
Waonews is a news media from China, with hundreds of translations, rolling updates China News, hoping to get the likes of foreign netizens