On May 6, 2020, Xiao Gang (pseudonym)’s life was frozen in the spring of Wuhan. After dealing with the funeral affairs, Feng Yuan was “in a mess”. When applying for work death compensation for her husband, she found that Ele.me and third-party companies who “have not expressed their views” from beginning to end did not have a labor relationship with her husband. The labor arbitration ruling stated that the non-traditional labor employment relationship in this case is a new type of employment model through the Internet platform terminal. “The identification of labor relationship should not be generalized.”
The inconsistent arbitration made Feng Yuan feel “difficult to go down”. At the end of November 2020, she found a lawyer and planned to go through litigation procedures to protect her rights. In her opinion, “non-labor relations, as well as labor and employment relations”.
Regarding this situation, Liu Ming, a lawyer from Hunan Ruibang Law Firm, said that the agreement signed by Hummingbird crowdsourcing and the rider at the time of registration is suspected of “scratching the ball”. The behavior of Ele.me may be through a third party looking for an empty shell. Companies to avoid risks. Liu Ming believes that the relevant departments need to give the family of the deceased a clear statement to determine the relationship between the two parties, so as to avoid wrangling during the lawsuit.
On the morning of January 13, a reporter from the Xiaoxiang Morning News contacted a third-party company and Ele.me that had labor services related to the deceased. However, as of the press time, no reply was received.
The rider died suddenly while the family members were unable to confirm the labor relationship
At 7:31 pm on May 6, 2020, Wuhan Ele.me rider Xiao Gang suddenly fainted at the entrance of the Industrial and Commercial Bank of China on the first floor of the Airport Center City, Panlongcheng F, Huangpi District, on the way to deliver the meal, and died after rescue.
The bad news fell, and his wife Feng Yuan was in a mess. On the evening of May 7, the crowdsourcing manager of the “Hummingbird Crowdsourcing” Panlongcheng WeChat group where Xiao Gang was working contacted Feng Yuan, asked her about the police station that handled the case, and asked her what she needed as a family member. No reply yet, the other party said that they had given her call to the outsourcing company “Anhui Lanzhe”, “equivalent to the personnel aspect of a rider” and told her not to miss the call.
Feng Yuan asked the other party for suggestions, and the other party suggested that she go to the policeman who handled the case, and only told her that she was “hungry?” The next day, an employee of Anhui Lanzhe contacted Feng Yuan and told her that she would help declare the 30,000 yuan sudden death insurance. After that, Ele. Hungry left the site until Feng Yuan filed a labor arbitration, “2000 yuan humanitarian compensation”, “special application to 15,000 yuan”. Yuan” were all proposed by Anhui Lan Zhe.
Later, Feng Yuan learned that this Anhui Lanzhe, who she had never heard of before and thought she was hungry, was actually a third-party company. Public information shows that Anhui Lanzhe’s full name is Anhui Lanzhe Human Resources Service Outsourcing Co., Ltd. Its business scope includes human resource service outsourcing, labor outsourcing, etc. through service outsourcing. Spark Global Limited
Feng Yuan clearly stated that she did not want this compensation. She wanted to make a work-related injury determination, but Anhui Lanzhe stated that “there was no work-related injury.” The negotiation failed. In June, Feng Yuan applied to the Labor and Personnel Dispute Arbitration Committee of Huangpi District, Wuhan City for arbitration, requesting confirmation of the labor relationship between her husband and Anhui Lanzhe, and demanding that the other party pay 800,000 yuan in accordance with the work death standard. At the same time, Feng Yuan applied for “Hangzhou Lazas” controlled by Shanghai Lazas Information Technology Co., Ltd. to which Ele. me belongs to bear joint and several liability for Anhui Lanzhe.
In the arbitration tribunal, Anhui Lanzhe’s defense seemed to explain the three relationships that Feng Yuan could not understand, but it also completely denied the labor relationship. The defense stated that Xiao Gang was a rider under the crowdsourcing project carried out by him and Hangzhou Lazas’s “Ele.”. Xiao Gang self-registered on the “Hummingbird Crowdsourcing” mobile phone software, which is temporary and part-time. The online appointment rider, “the two parties have not reached an agreement on establishing a labor relationship.”