Takeaway riders deliver takeout in the snow. Our reporter, Yang Jinfeng, photo
□ Our reporter, Pu Xiaolei
"On-time delivery was maliciously complained by customers about’early delivery ‘, and now there is a fine of 500 yuan. Can you call the police or find the media for this kind of thing?"
Not long ago, a takeaway rider in Beijing posted an online post asking for help, saying that a girl from a certain university of finance and economics ordered takeout, first urging herself to deliver the food quickly, and then maliciously complaining that she ordered the delivery early, resulting in a fine of 500 yuan. In order to prove his innocence, the takeaway rider also posted a screenshot of the order being delivered on time. In the end, under the attention of public opinion, the platform refunded the fine.
Being stopped by the doorman, unable to enter the community or school, being complained; refusing to help with trash, being complained; not helping customers with cigarettes, being complained… In recent years, there have been many incidents of takeaway riders being maliciously complained.
In the opinion of Yao Zhiwei, a professor at the Law School of Guangdong University of Finance and Economics, if there is no corresponding mechanism to protect the rights and interests of takeaway riders, malicious complaints will recur.
"The platform should not only protect the legitimate rights and interests of consumers, but also safeguard the rights and interests of food delivery riders. At present, the legal provisions on the protection of the rights and interests of food delivery riders are not perfect. It is recommended to pass legislation to require food delivery platforms to solve the problem of some customers maliciously complaining about food delivery riders by improving technical means and establishing a public review mechanism." Yao Zhiwei said in a recent interview with the "Rule of Law Daily" reporter.
Some consumers maliciously give bad reviews.
"As a delivery person, it is my duty to deliver food to customers as soon as possible. If you encounter something, you should report it to the station calmly, rather than posting everywhere to seek help from netizens to try to expand the situation. I am sorry for causing trouble to the parties. I also bother you. I would like to express my deep remorse and say sorry here." The delivery rider posted a few more apologies online after claiming the 500 yuan deducted by the platform.
A takeaway rider told reporters that usually, 500 yuan is equivalent to two or three days’ salary, and the fine can be recovered, which is a happy result. "But our losses are more than that. After being complained, the platform will also reduce the number of orders. Even if the appeal can get the fine back later, there is no way to make up for the loss caused by reducing the number of orders."
Liu Junhai, a law professor at Renmin University of China, pointed out that the platform returned the fine after accepting the complaint, indicating that the takeaway rider was indeed maliciously complained by the female college student. From this point of view, the real fault is the female college student who maliciously complained and the platform that failed to carefully verify the situation.
"In the face of consumer complaints, platforms usually do not offend customers, but prefer to use the simple and crude treatment of fines to punish takeaway riders. In order to protect the legitimate rights and interests of consumers, takeaway platforms will use a bad review mechanism to restrict the behavior of merchants and riders, but this mechanism is sometimes used maliciously by some consumers," Liu Junhai said.
The All-China Federation calls for the establishment of trade union organizations
In recent years, relevant departments in our country and some localities have increased the protection of takeaway riders through the introduction of policies and regulations.
In July this year, the State Regulation for Market Regulation and other seven departments jointly issued the "Guiding Opinions on Implementing the Responsibilities of Online Catering Platforms and Effectively Safeguarding the Rights and Interests of Takeaway Deliverymen", which clearly stated that it is necessary to smooth the appeal channels of takeaway deliverymen, clarify the appeal handling procedures and time limits, and strengthen democratic consultation and equal communication to meet legitimate demands.
The All-China Federation of Trade Unions recently issued a notice to launch a nationwide "centralized action for workers in new employment forms to join the union." Trade unions at all levels should focus on four groups, including truck drivers, online car-hailing drivers, couriers, and takeaway delivery staff, and focus on platform leaders. The key is to focus on tackling difficulties.
"It is necessary to strengthen the supervision of labor laws of trade unions, cooperate with the government and its relevant departments to supervise law enforcement, and speak out in a timely manner against major typical violations. Where there are employees, there should be trade union organizations, and where the legitimate rights and interests of employees are infringed, the trade unions must stand up and speak out." A relevant person in charge of the All-China Federation said.
In recent years, improving legislation to protect the rights and interests of takeaway riders has become a hot topic during the National Two Sessions.
Xiao Shengfang, a deputy to the National People’s Congress, suggested separate legislation for new platform practitioners to give them legal status in the employment category. Liu Yingcai, a deputy to the National People’s Congress, believes that the safety management of takeaway platforms should be strengthened to protect the legitimate rights and interests of takeaway riders. Tang Weijian, a member of the National Committee of the Chinese People’s Political Consultative Conference, called for legislation to protect the basic rights of workers in new employment forms… During the ** this year, a number of **** put forward legislative proposals to strengthen platform responsibilities and protect the legitimate rights and interests of takeaway riders.
Explore the introduction of a public review mechanism
Facing the two interest groups of consumers and riders, how to achieve a balance between the two will test the governance capabilities of takeaway platforms.
"If the bad review mechanism is too loose, it will harm the rights and interests of consumers; but if the mechanism is not perfect, it will cause harm to takeaway riders by condoning malicious bad reviews," Yao Zhiwei said.
According to Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law, with the development of intelligent technology, in many cases, it is not difficult for food delivery platforms to identify whether a complaint is malicious.
"Whether the takeaway is delivered on time can be confirmed through the function of system positioning; whether the customer has made unreasonable requests can be verified through phone recording, text messages, etc. The platform uses intelligent technology to invest a certain amount of manpower, time and other costs. It is not difficult to solve this problem." Zhu Wei said.
Yao Zhiwei believes that the platform is not perfect in the design of the bad review mechanism, relying too much on the subjective evaluation of customers, and it is difficult to conduct detailed investigations when handling disputes between the two parties. In this regard, it is recommended that the platform explore the introduction of a public review mechanism while strengthening the application of technology to better protect the legitimate rights and interests of takeaway riders.
"You can select some users who have been registered for a year, have real-name authentication, and have a good credit history, and invite them to become the platform’s reviewers, and let them make judgments on some disputes. This way, the results are often more neutral and objective, and consumers and riders are more likely to be convinced." Yao Zhiwei said for example.
Zhang Tao, director of the Commercial Law Research Association of the China Law Society, suggested that the obligations and responsibilities of the platform should be clearly stipulated through legislation.
"As a system designer, the platform is the main role in solving the problem of malicious complaints. It is recommended that through legislation, the delivery platform should make clear regulations on improving corresponding technical means, establishing and improving reward and punishment mechanisms, unblocking appeal channels, and establishing trade union organizations, so as to further consolidate the platform’s responsibilities and better protect the legitimate rights and interests of delivery riders." Zhang Tao said.
