Delivery brother belongs to the work injury?

Whether the delivery brother injured on the way to the work injury, the key depends on the delivery brother and the company whether there is a labor relationship. To apply for a work injury recognition should pay attention to four elements: working time, workplace, work causes, subjective fault. Labor relationship is the two parties through negotiation, by the laborer side to provide labor, the employer side to pay compensation, the formation of economic and personal subordinate rights and obligations.

Judging whether there is a labor relationship should be measured from two aspects: first, the two sides to establish labor relations can only be the reason and purpose of the exchange. The worker provides labor, the employer pays the consideration, this is the basic characteristics of the labor relationship, but also the economic subordination of the labor relationship of the specific performance. Secondly, the laborer must provide labor to the employer, and the employer who uses the laborer may use the laborer exclusively for a specified period of time. The so-called exclusive use is command and obedience. What the employer pays the worker in exchange for the worker is the right to dominate and use the labor, which is the worker's personal subordination. The personal subordination of the worker is the most essential feature of labor relations.

Under the new mode of Internet economy, the manifestation of labor relationship is more diverse, such as the labor relationship between the delivery boy and the company, no need to be within the fixed place of the delivery company, and the working time is relatively flexible, the delivery company for the help of the Internet technology invisible control of the delivery boy and his labor, and according to the performance of the delivery company to pay the remuneration, the labor laws and regulations for the purpose of the legislation to protect the lawful rights and interests of the workers, and can not be denied because of the change of the economic mode. Labor laws and regulations are designed to protect the legitimate rights and interests of workers, and cannot deny the existence of labor relations because of changes in the economic landscape. There is a labor relationship between the delivery boy and the delivery company. Under the new economic mode, with the development of Internet technology, it should be defined comprehensively by combining the characteristics of employment and the basic features of the traditional labor relationship. The takeaway brother can only obtain remuneration from the distribution company after providing corresponding labor according to the distribution company's requirements, thus having economic subordination; the distribution company has special people to hold meetings, divide the labor, and appraise the work; the staff of the distribution company provides QR code to register, and the daily work time, work tasks, and monthly rest time are all arranged by the distribution company, thus, there is a personal subordination between the takeaway brother and the distribution company, so that the Can not be denied the existence of labor relations because of changes in the economic industry.