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Several Foodpanda delivery employees recently filed a complaint with “Apple News,” alleging that Foodpanda recently asked delivery staff who joined before February this year to sign a contract. The content of the contract emphasizes that it is a contractual relationship with the delivery personnel and requires that the delivery personnel do not. Anyone who claims any labor rights or makes a request as a “worker” will be responsible for paying 200,000 yuan in damages and damages. The casting staff harshly criticized that if they don’t sign the account, they can be suspended. “Isn’t this harassment in a covert form?” But the industry responded that the contract has always been the same as the delivery staff. This time it was only partially signed on paper. The delivery staff switched to a digital contract. As long as they meet the contract requirements, there will be no penalties and the relevant provisions have never been used in Taiwan.
The Labor Ministry does not currently count the number of delivery personnel, but when the food delivery platform erupted in October last year, when the food delivery platform broke out in a dispute over the death of a delivery person , a work accident and a labor contract, the Occupational Safety and Health Administration of the Ministry of Labor used the information reported by the industry to add up, and all of Taiwan. There are around 45,000 delivery employees, of which Foodpanda has more than 20,000 and Uber Eats has more than 16,000.
● Panda renews the contract and the delivery staff will suspend their rights without signing
The “RH” delivery man in Taichung complained to Apple that Foodpanda renewed the contract on the 14th. It doesn’t matter if there is no insurance or benefits. The dealer cannot raise objections. If they fight the government, they will have to pay 200,000 yuan. Is this reasonable?
According to the content of the contract provided by the courier, the name of the contract is “Labor Service Contract”. The third point of the section “Relationships” mentions that “The content of this contract does not make the contractor (the courier) the payer (Foodpanda)” Employees, labor “also refers to” the contractor agrees not to provide services to the payer related to applications related to employment or applications based on employment status “.
Officials from the Ministry of Labor indicated that if it is an employment relationship, it is not limited by the “name” of the contract. For example, although the two parties have signed a “contract”, as long as the platform operator complies with the legally regulated economic, personality or organizational subordination, such as The delivery man “cannot refuse the assigned work”, “cannot decide remuneration of the work for itself “,” need to divide the work with others to complete the work “, etc. If the subordination reaches a certain level, the two parties still have an employment relationship.
● Substantial employment but contract signed Ministry of Labor: In violation of the “Labor Standards Law” no compensation can be claimed for expatriates
The official said that if the person making the delivery is actually in a working relationship with Foodpanda, Foodpanda’s agreement in the contract for the aforementioned company will conflict with the “Labor Law” and the court will declare it invalid, and Foodpanda You will not be able to claim compensation for the person making the delivery.
Lawyer Liao Fangxuan said that if the person making the delivery is actually a contract with Foodpanda, if a dispute arises at that time, the person making the delivery can also cite Article 247 of the Civil Code, claiming that the contract ended Foodpanda is obviously unfair and asking the court to mitigate or even excuse the breach of contract. gold. However, Liao said that due to Foodpanda’s tightening policy in recent years, it has in fact increasingly leaned toward contractual relationships with delivery staff. It is recommended that the delivery staff think twice before signing.
Foodpanda responded that the contract with the delivery person has always been the same, and it is not a sudden update, it is because a delivery person who negotiated on paper will be transferred this time to the digital platform and will go digital. to form. Regarding the clauses that concern delivery personnel, it has been individually indicated that as long as they comply with the contract requirements, there will be no sanctions. Foodpanda has never used relevant clauses in Taiwan.
Regarding the delivery personnel’s complaint against the contract for damages, he did not specify what insurance is provided for the delivery personnel. Foodpanda said the contract does not regulate the content of the insurance, but delivery personnel signed a consent form for the use of the funds. Foodpanda will follow government regulations. All personal insurance related to delivery personnel is provided, and the delivery personnel in question can check the insurance-related information on the website.
● Part-Time Delivery Personnel – You do not want to add or subtract subsidy income or sign the bill.
Officials from the Labor Ministry said that if a consignee has a dispute at the time, if he wants to file a lawsuit to confirm the employment relationship with the platform operator, he can also request assistance in the litigation from the Labor Ministry. The dispatcher can also consult the “Sentence of dependence on the employment contract” stipulated by the Ministry of Labor. “Checklist” to determine if it is an employment or contractual relationship.
The delivery man, Mr. Lin, said that this contract amounts to requiring that the delivery men not haggle or fight with them; The letter also said that if the contract is not signed by December 20, the account will be closed. “This content is true. That’s not right!” But he assessed that this would have a greater impact on those who accept delivery as a full-time job. He only works part-time and has little impact, so he signed a contract.
Another delivery worker, Mr. Su, said that Foodpanda has been changing the rules of the game in recent years. In the past, I ran 2 hours Monday through Friday and all day on holidays. He ran about 20 hours a week and could earn between 4,000 and 5,000 yuan a week; Now Running for 30 hours a week can only generate 2,000 to 3,000 yuan. “It really is a big difference!” But he’s just a part-time job, “add, subtract, subsidy,” so I don’t think the impact is big, and he’s already signed this contract. (Reported by Tang Zhenyu / Taipei)
