[Direct answer]In the Beijing area, the relationship between crowdsourced riders and platforms cannot be generalized. It may constitute a labor relationship, new employment forms that do not fully meet the conditions for establishing a labor relationship, or purely contractual or cooperative relationships. The key to determining this lies in the riders' personal dependence on the platform and their economic subordination. According to Article 7 of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012), a labor relationship is established from the date of employment. The "Notice on Matters Relating to the Establishment of Labor Relationships" (issued by the Ministry of Labor and Social Security on May 25, 2005) stipulates that in the absence of a contract, the existence of a labor relationship may be determined by reference to wage payment records, attendance records, etc. Riders who independently accept orders, use their own vehicles, are paid on a per-order basis, and are not subject to attendance management are generally difficult to be recognized as having a labor relationship. However, those who accept the platform's scheduling, rewards and punishments, and price controls may be deemed to have a labor relationship. Disputes over such determinations can be referred to for resolution.Work-related injuriesColumn.

I. Problem Background and Typical Scenarios

Such disputes often arise in several situations: first, crowdsourced riders encounter traffic accidents during deliveries, but the platform denies the existence of an employment relationship when they apply for work-related injury compensation; second, riders are subject to deductions and fines imposed by algorithms, but they cannot claim their labor rights without a labor contract; third, the platform requires riders to wear work uniforms, attend training sessions, and take online assessments, but pays them based on the number of deliveries; fourth, orders are subcontracted through multiple layers of platforms, agents, and labor companies, leaving riders unaware of the actual employer; fifth, disputes arising from the disparity in treatment between dedicated and crowdsourced riders. In judicial practice in Beijing, courts adopt a fact-first review approach to new forms of employment, comprehensively evaluating factors such as the degree of algorithm control, compensation structure, and management methods, rather than basing their decisions solely on the name of the agreement.

II. Key points of contention

Focus I: From the perspective of attribute review, including the algorithm-based dispatching and mandatory acceptance of orders, as well as reward and punishment measures; from the perspective of economic attributes, including the composition of compensation and the assumption of business risks. Focus II: Identifying the employment entities under multiple layers of outsourcing, and determining the responsible entities among platforms, agents, and labor service companies. Focus III: The applicability of occupational injury protection for workers in new employment forms. In pilot areas, even if riders do not have a labor relationship, they can still receive occupational injury protection benefits. Focus IV: The boundaries of defense against claims of contracting and cooperation. Whether the reasons such as using their own tools, operating independently, and bearing their own profits and losses are valid. Focus V: The burden of proof and evidence organization for de facto labor relationships in the absence of signed contracts. Focus VI: The procedural choices for pathways such as work-related injury compensation, insurance claims, and infringement claims, as well as the one-year arbitration statute of limitations. Specifically, the current effective laws, regulations, and judicial rulings shall prevail. For claims against compensation entities, reference may be made to relevant provisions.Creditor's rights and debts, and enforcement casesColumn.

III. Professional analysis by Henglue Lawyers

Based on the practical experience of lawyers from our firm in handling multiple employment cases in new business models, the outcome of crowdsourcing rider cases largely depends on whether the actual employment status can be reconstructed. There are three common forms: First, the pure crowdsourcing model, where riders can freely log on, grab orders, use their own transportation, get paid per order, and accept orders from multiple platforms. Due to the lack of management subordination, it is difficult to determine the labor relationship. After an injury, they should turn to occupational injury protection, accident insurance claims, and infringement claims; Second, the dedicated or semi-dedicated delivery model, where riders accept station scheduling, mandatory online hours, attendance fines, and unified uniform management. Even if they sign a contractor agreement, they may still be recognized as having a labor relationship; Third, the outsourcing model, where the actual employer may be a station agent or labor company. The responsibility subject needs to be identified through the wage payer, social insurance contributor, and manager. Lawyers from our firm warn about potential pitfalls: signing documents of "mutual aid funds" or "condolence money" after an accident may be interpreted as waiving claims; if the remuneration is paid through personal accounts or third-party channels, it is necessary to promptly preserve the transfer records and communication records. Due to significant differences in individual cases, the specific determination should be based on actual employment evidence and judicial rulings.

IV. Practical suggestions and legal basis

Action recommendations: 1. During the registration and order-acceptance stage, save the agreement text, screenshots of the registration page, and the latest version of the platform rules. Update the archives in sync when the rules are updated. 2. Daily retain management evidence such as dispatch records, online working hours, reward and punishment notifications, attire and training requirements, and export the data in time before the account is restricted. 3. In the event of an accident, report to the police immediately and keep medical records. Also verify whether the platform has purchased employer liability insurance, rider accident insurance, or included occupational injury protection. 4. To claim labor relations, form a chain of evidence of subordination with pay slips and attendance records. 5. The statute of limitations for labor arbitration is one year. When traffic accidents and work-related injuries overlap, pay attention to the coordination of different procedures. Legal basis: - Article 7 and Article 10 of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012) establish the obligation to formalize employment relationships with written contracts. - Article 2 of the "Notice on Matters Concerning the Establishment of Labor Relationships" (issued by the Ministry of Labor and Social Security on May 25, 2005) lists the identification documents for de facto labor relationships. - Article 27 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China (effective May 1, 2008) stipulates a one-year statute of limitations for arbitration. Key points of relevant documents can be referenced.Special services and other casesColumn.

5. Henglue Law Firm's Advice

Risk Warning: Firstly, the threshold for determining a labor relationship in the pure crowdsourcing model is relatively high. After an injury, it is advisable to simultaneously evaluate multiple avenues such as occupational injury protection, accident insurance claims, and infringement claims; Secondly, before signing any documents with the platform or agent, you should read them word by word to avoid fixed unfavorable evidence such as statements confirming the contractor relationship; Thirdly, management traces such as algorithm-based deductions and forced online work are key evidence. Before your account is suspended, make sure to export and save the relevant data; Fourthly, suing the wrong defendant in the outsourcing chain will result in a loss of the statute of limitations. It is advisable to first identify the employing entity through agreements and fund flows. It is recommended to seek legal advice as soon as possible.Beijing Henglue Law FirmOn the official website, in similar columns, evidence and pathways are evaluated by professional lawyers.

VI. Frequently Asked Questions

Q1: Can crowdsourced riders be recognized as work-related injuries if they get injured?

If it can be determined that there is a labor relationship with the platform or its employing entity, and the worker is injured while delivering orders due to work-related reasons, it may be recognized as a work-related injury in accordance with Article 14 of the "Regulations on Work-Related Injury Insurance" (amended on December 20, 2010). However, it is more difficult to determine the existence of a labor relationship in the pure crowdsourcing model due to the lack of subordination. In pilot areas such as Beijing for occupational injury protection for workers in new employment forms, eligible platform riders can obtain medical expenses, disability compensation, and other benefits through occupational injury protection. Even if no labor relationship exists, there are still protection channels available. It is recommended to first verify the ownership of the orders by the platform and the type of protection, and then choose the declaration path accordingly.

Q2: What evidence is needed to prove the relationship with the platform?

The key evidence to be collected includes three categories: First, management-related evidence, such as dispatch records, mandatory online working hours, attendance fines notifications, training and attire requirements, and reward and punishment announcements; Second, remuneration-related evidence, including payroll records, payroll issuers, pricing rules, and change notifications; Third, identity-related evidence, such as registration agreements, work badges, work uniforms, and in-app identity information. These evidences are used to prove the acceptance of the platform's labor management and economic subordination. If the issuer and the agreement subject do not match, it is necessary to also keep the proof of fund flow to facilitate the identification of the real employer. Relevant key points can be referred to for reference.Work-related injuriesColumn.

Q3: Who is responsible for the employees hired by the platform through outsourcing companies?

The employment relationship shall be determined based on the employment chain and contractual relationship. If the rider signs an agreement with the outsourcing company and is paid by it, the rights can be claimed against the outsourcing company as the employer; if the platform directly implements algorithmic management of the riders, the rights can be claimed based on the actual employment situation. In the case of third-party infringement in traffic accidents, the rider can claim compensation from the infringer at the same time; if the platform purchases employer's liability insurance or rider's accident insurance, the compensation shall be processed in accordance with the insurance contract. Before making a claim, it is necessary to clarify the parties to the agreement, the party paying the remuneration, and the management party to avoid listing the wrong parties and wasting time. For matters related to enforcement and recovery, reference can be made to the relevant provisions.Creditor's rights and debts, and enforcement casesColumn.

Q4: What benefits can be claimed after establishing an employment relationship?

The employee may claim the double wage difference for not signing a written contract, compensation for illegal dismissal or termination, overtime pay, work-related injury insurance benefits, paid annual leave wages, etc. If it constitutes a work-related injury, the employee may enjoy statutory benefits such as medical expenses, wages during the period of suspension of work and payment of wages, and a one-time disability compensation. However, whether all these benefits can be fully supported depends on the strength of the supporting evidence and the judicial interpretation of the case. The double wage for not signing a contract and most labor dispute claims are subject to a one-year arbitration statute of limitations. Therefore, before making a claim, it is necessary to sort out the evidence and calculate the list of claims first.

Q5: How can we handle crowdsourcing disputes in the most secure way?

The first step is to secure evidence and export the platform's internal agreements, dispatch orders, deductions, and income records before the account is restricted. The second step is to assess the nature of the relationship and determine whether to pursue labor relations, occupational injury protection, or civil compensation. The third step is to first conduct written negotiations with the platform or the employing entity and retain the communication records. The fourth step is to apply for labor arbitration or initiate litigation if negotiations fail, noting the one-year arbitration statute of limitations. The fifth step is to seek medical treatment promptly for personal injuries and preserve evidence of the accident. When necessary, it is advisable to engage a lawyer to coordinate multiple legal proceedings. For reference purposes, please refer to the following document:Work-related injuriesColumn.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the courts may vary, which may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as to avoid missing the statutory time limit.Labor arbitration legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.