Takeaway platforms should not condone malicious complaints, expert suggestions, and compact platform responsibilities

Takeaway platforms should not condone malicious complaints and expert advice

Compact platform responsibility to protect the rights and interests of takeaway riders

　　□ Our reporter Pu Xiaolei

　　"Delivery on time was maliciously complained by customers for'delivery in advance', and now I am fined 500 yuan, can I ask the police or contact the media for this kind of thing?"

　　Not long ago, a takeaway rider in Beijing posted an online request for help, saying that a girl from a financial university ordered takeaway. She first urged herself to deliver the meal quickly, and then maliciously complained that she had ordered the delivery in advance, 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.

　　Stopped by the guard, unable to enter the community or school, was complained; refused to help throw garbage, was complained; failed to help customers bring cigarettes, was complained... In recent years, there have been many malicious complaints about takeaway riders.

　　According to 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 of takeaway riders, malicious complaints will happen again.

　　“The platform must protect the legitimate rights and interests of consumers as well as the rights and interests of takeaway riders. At present, the legal provisions on the protection of the rights and The public review mechanism and other methods have solved the problem of some customers' malicious complaints about takeaway riders." Yao Zhiwei said in an interview with a reporter from the "Rules of Law Daily" recently.

　　Some consumers maliciously give bad reviews

　　"As a takeaway, it is what I should do to deliver food to customers as soon as possible. I should calmly report to the station when I encounter things, instead of posting messages everywhere to ask for help from netizens, trying to expand the situation, causing trouble to the parties. I’m sorry. I’m sorry to bother you. Here I express my deep reflection and say I’m sorry.” The takeaway rider sent a few words of apology on the Internet after he wanted to get back the 500 yuan deducted by the platform.

　　A takeaway rider told reporters that generally speaking, 500 yuan is equivalent to two or three days’ wages, and the fine is returned. This result is a surprise.

"But our losses are more than that. After being complained, the platform will also reduce the number of dispatched orders. Even if the complaint can later get the fines back, but the loss caused by reducing the number of dispatched orders cannot be made up."

　　Liu Junhai, a professor at Renmin University of China Law School, pointed out that the platform returned the fine after accepting the complaint, indicating that the takeaway rider was indeed maliciously complained by female college students.

From this point of view, what is really wrong is the female college students who complained maliciously and the platform that failed to seriously verify the situation.

　　"In the face of consumer complaints, platforms usually do not offend customers, but prefer to use a simple and rude method of fines to punish riders. To protect the legitimate rights and interests of consumers, takeaway platforms will pass negative reviews. Mechanisms to restrict the behavior of merchants and riders, but this mechanism is sometimes maliciously used by some consumers.” Liu Junhai said.

　　The ACFTU requires the establishment of a trade union organization

　　In recent years, my country’s relevant departments and some localities have increased the protection of foreign riders through the introduction of policies and regulations.

　　In July this year, the State Administration for Market Regulation and other seven departments jointly issued the "Guiding Opinions on Implementing the Responsibilities of Online Catering Platforms and Effectively Protecting the Rights and Interests of Food Delivery Staff" clearly stated that it is necessary to unblock the appeal channels of food delivery staff and clarify the procedures and time limits for handling claims. Strengthen democratic consultation and equal communication to satisfy legitimate demands.

　　The All-China Federation of Trade Unions recently issued a notice to launch the “Concentrated Action for Workers’ Enrollment in New Employment Forms” across the country. Trade unions at all levels should focus on four groups: truck drivers, online ride-hailing drivers, couriers, and takeaway delivery workers. The top platform companies are the key, focusing on overcoming difficulties.

　　"It is necessary to strengthen labor law supervision of labor unions, cooperate with the government and relevant departments to supervise and enforce laws, and promptly speak out against major and typical violations, so as to ensure that where there are employees, there should be union organizations, where the legal rights and interests of employees are violated, and where is the labor union. We must stand up and speak." The relevant person in charge of the ACFTU said.

　　In recent years, perfecting legislation to protect the rights and interests of takeaway riders has become a hot topic during the National Congress of the People's Republic of China.

　　Xiao Shengfang, deputy to the National People's Congress, suggested that new types of platform practitioners should be individually enacted to give them legal status in the employment category.

NPC deputy Liu Yingcai 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 forms of employment... During the National Two Sessions this year, many representatives made legislative proposals to strengthen platform responsibilities and protect the legitimate rights and interests of takeaway riders.

　　Explore the introduction of a public review mechanism

　　Faced with the two interest groups of consumers and riders, how to achieve a balance between the two will test the governance capabilities of the food delivery platform.

　　"If the negative review mechanism is too loose, it will harm consumers' rights and interests; but if the mechanism is not perfect, the takeaway rider will be harmed by condoning malicious negative 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 distinguish malicious complaints.

　　"Whether the takeaway is delivered on time can be confirmed through the function of system positioning; whether customers have made unreasonable requests, can be verified through telephone recording, text messages, etc.... The platform uses intelligent technology to invest a certain amount of manpower, time, etc. Cost is not difficult to solve this problem." Zhu Wei said.

　　Yao Zhiwei believes that the design of the platform’s negative review mechanism is not complete enough, and there are problems such as excessive reliance on customer subjective evaluation and difficulty in detailed investigations when handling disputes between the two parties. In this regard, it is recommended that the platform explores the introduction of the public while strengthening the application of technology. The review mechanism better protects the legitimate rights and interests of takeaway riders.

　　"You can select some users who have been registered for one year, have real-name authentication, and have good credit records, and invite them to become reviewers of the platform. They will make judgments on some disputes. This will often result in more neutral and objective results, and consumers and riders will be more neutral. It's easy to be convinced." Yao Zhiwei said as an example.

　　Zhang Tao, director of the Commercial Law Research Institute of the Chinese Law Society, suggested that the platform's obligations and responsibilities should be clearly stipulated through legislation.

　　"The platform, as a system designer, plays a major role in solving the problem of malicious complaints. It is recommended that through legislation, the foreign sales platform should make clear provisions on improving corresponding technical means, establishing a sound reward and punishment mechanism, unblocking appeal channels, and establishing trade union organizations. Consolidate platform responsibilities and better protect the legitimate rights and interests of takeaway riders." Zhang Tao said.