Tsinghua teacher's wife was killed by a courier at home. What is the relationship between the courier and the courier company now?

Because there are two kinds of opinions about the relationship between the courier company and the courier, whether it is a civil relationship or a labor relationship, this is mainly based on what the courier does.

The popularity of online shopping has given birth to the rapid development of express delivery business, and couriers shuttle between cities and villages, which brings a lot of convenience to people's lives. With the rapid development of courier companies, the labor security problem of couriers has not been well solved. At present, the opinions of local labor departments can be divided into two main opinions:

The first opinion: the relationship between the two parties is considered to be a civil relationship. The reason is that the courier serves the logistics enterprise by contracting and packaging, which belongs to the business contract relationship, is a civil relationship, not a labor relationship, and the labor law is not applicable. ? The main differences between labor relations and contract relations are: labor relations pay attention to the process of labor service provision, the risk burden in the process of labor service employment is borne by the employer, the contract relationship pays attention to the result of labor service provision, and the contractor bears the risk of labor service employment.

The second opinion: I think it should be analyzed according to the situation and the specific situation. In the name of contracting and packaging, but the actual work conforms to the constitutive requirements of labor relations, it should be recognized that there is a labor relationship between the courier and the logistics enterprise. Whether the workplace and working hours are unilaterally decided by the employer. The payment method of remuneration is not the standard for determining labor relations. Whether to bring your own labor tools is only one aspect of determining labor relations, but it is not the main aspect.

The courier's working hours are determined by the courier company, and the area responsible for delivery (that is, the working place) is also determined by the courier company. At the same time, the courier completes the delivery work in the way stipulated by the company, and it can be concluded that the courier works under the command and supervision, that is, there is a subordinate relationship between the courier and the courier company.