What kind of "tricky" is it for a driver who wears "Dayun" to deliver goods and falls down and loses money on the way?

There is something wrong with the contract signed by the delivery driver and the company, and the company uses the contract to evade its obligations.

First, the cause of the incident

The delivery driver wearing the word "Dayun" went from Dongguan Shatian Distribution Center to Dayun Huadu Distribution Center every day until one day he accidentally fell down and spent 3 1 000 yuan on medical expenses, thinking that his team would compensate him for his medical expenses. Unexpectedly, the team not only refused to pay, but also deducted his monthly salary of 2000 yuan. As a result, the driver took his company to court and demanded compensation for nursing expenses and lost time expenses totaling more than 89,000 yuan. So far, the court has heard the case, but has not yet pronounced a sentence.

Second, the issue of contract.

After the driver had an argument with the company, he found that he was not an employee of Dayun Company. The contract he signed requires him to provide driving service for Party A.. If there is any man-made loss, the compensation will be borne by Party B. Moreover, the company has signed three contracts with him, which prove that he provides the service of driving instead of labor cooperation. The driver's attorney pointed out in court that this way of signing three contracts to stipulate that the driver does not belong to Party A's employees is an act of evading his own obligations, and in the process, the driver only sells his own labor force, which is not in line with the objective performance of infectious cooperative relations, so the lawyer believes that it should be recognized as labor relations. In labor relations, if an employee suffers personal injury for some reason, the employer shall be liable for compensation.

Third, the relationship between the driver and the company is the key.

Some professional lawyers have suggested that the courier company has no right to deduct the driver's salary or fine, and the driver can ask the company to pay compensation for work-related injuries such as nursing expenses, hospital food subsidies, and lost time. Therefore, the driver's appeal will be supported by the court, but the court needs to determine that they belong to the labor dispatch relationship.