□ Reporter Han Dandong
□ Our newspaper intern Wang Yitian
Recently, substitute kitchens that provide door-to-door cooking services have become popular.
Ms. Zhang from Xiangxiang, Hunan Province is a substitute cook, charging 68 yuan for four dishes, which aroused heated discussions among netizens.
Many netizens said that this kind of service is different from traditional nannies and part-time workers. They feel that it is more novel than takeaway, and they are willing to try it.
At the same time, many people posted on the Internet platform that they can provide cooking services.
The so-called substitute chef means that the employer finds a special person to provide cooking services according to his own needs. The employer provides the ingredients and seasonings, and the chef cooks the dishes according to the employer's taste and needs.
When a reporter from the "Rule of Law Daily" recently searched on social platforms with keywords such as "representative chef" and "home cooking", he saw that many popular cities such as Beijing, Shanghai, and Hangzhou have substitute chef services.
How to ensure food safety and personal safety when strangers come to cook?
How to resolve disputes?
In this regard, the reporter conducted an interview.
Novel form of door-to-door cooking
However, there are also hidden dangers
Wei Chen (pseudonym), a college student in Xuhui District, Shanghai, is one of the upsurge of substitute chefs.
In June of this year, Wei Chen happened to see someone on the Internet offering door-to-door cooking services. Feeling the novelty, he was worried that he would not be able to display his cooking skills, so he also learned to be a substitute chef.
"In the first month, I didn't receive a single order, and I slowly received orders later on." Wei Chen said, he thought he only needed to come to cook a meal, but faced with various demands from his employer, he obviously didn't Be prepared to waste a lot of orders in vain.
He told reporters that this job is actually not easy. Not only does it need to satisfy the appetite of the employer, it also needs to prepare a lot of other materials, such as health certificates, nucleic acid certificates, identity certificates, etc. Some employers even need to sign a contract before allowing him to come to cook.
After a few months, Wei Chen admitted that he did not make much money, and the long hours of running and working made him exhausted.
At the beginning of November, he stopped taking orders, "interest and career are really two different things."
It is understood that there are currently two main types of kitchen substitutes, one is professional private kitchen companies, which provide a wide variety of dishes, including eight major Chinese cuisines, Western food and creative dishes, and are suitable for important occasions, such as birthday parties, birthday parties and Business banquets, etc.; the other category is individuals, and the applicable scene is generally a family dinner.
On platforms such as "Little Red Book" and "Salted Fish", many private kitchen companies do not specify the price, and require employers to confirm the price through private messages, and some need to place orders through other platforms.
The reporter contacted a private kitchen company on "Little Red Book" that "I invite the chef to come to serve". The charge per table ranges from 400 yuan to 800 yuan. The specific price depends on the number of diners, the city, the number of dishes, and the grade requirements; 200, 300, and 400 yuan per person can be arranged. If the number of people dining is 5 to 7 people, the per capita starting price is 300 yuan.
To place an order, you need to go to the WeChat mini-program "51 Chef".
The customer service told reporters that if the employer prepares the ingredients, the services provided by the chef include pre-food handling, cooking and kitchen cleaning, but the purchase of ingredients and post-meal washing and cleaning work are not included.
On domestic service platforms such as "Swan Daojia", there are also door-to-door cooking services.
Taking Beijing as an example, the price of the door-to-door cooking service package is 435 yuan for three times, with an average cost of 145 yuan each time.
The reporter saw in the comment area that the favorable rate of this service reached 97.5%. Many employers said that the meals made by the master are delicious, the kitchen is also kept clean, and the service attitude is very good.
The charges for individual orders are generally clearly marked, and the price is determined according to the amount of food and different cities. At the same time, there are additional charges for grocery shopping, dishwashing, and transportation.
The occupations of the chefs who take personal orders vary. There are professional chefs who can provide health certificates and nutritionist certificates, as well as folk cooking enthusiasts.
Do chefs need to show a health certificate?
In this regard, some netizens think it is essential, but some netizens think it is unnecessary, saying, "Does having a health certificate mean a person is healthy?"
The reporter also noticed that there are not a few young people engaged in kitchen services. In the service advertisements they posted, there are many netizens in the comment area who are worried about their personal safety.
In September of this year, Li Yun (pseudonym) from Changsha, Hunan Province began to try the kitchen substitute business, and one of the orders was still fresh in her memory.
Li Yun recalled that the order was far away from her, and it would take an hour by car, and she ordered dinner. She didn't really want to go, but the other party said that she could add money, so she finally agreed.
The whole process from communication to placing an order, the other party was very straightforward, not only the taste is not picky, but also the ingredients and seasonings are all available. Eight dishes and one soup are 132 yuan, plus 15 yuan for washing dishes. The other party directly transfers the total amount. Just waiting for Li Yun to show off her culinary skills.
On the same day, Li Yun came to the employer's house on time to cook, and the meals were well received by the diners present.
Because the employer also placed an order for dishwashing and cleaning services, Li Yun swiped her phone in the kitchen and waited for the meal to end.
Through the kitchen door, the sound of clinking glasses and toasts in the living room became louder, which made Li Yun feel a little uneasy.
At the end of the banquet, Li Yun opened the kitchen door to clear the table. A drunk guest stood up suddenly and raised his glass to toast Li Yun. His words were frivolous. This move really shocked her. Finally, with the help of others Only then can the guests be appeased.
"My heart was beating violently at the time, and I was afraid that he would act aggressively." Li Yun said that she had never considered personal safety before, and this experience made her a little scared.
There is no threshold to become a substitute chef
Netizens have mixed reviews
"Can you come to my house to cook for me, is there such a good thing?" Xiao Zhou from Shanghai Pudong was swiping his mobile phone when he accidentally discovered that someone provided this service on the Internet, so he decided to try it out.
After clicking on the post, the picture shows all kinds of home-cooked dishes and pasta made by the chef. Just looking at it makes people appetite.
The next picture is the price list: 88 yuan for less than 4 dishes, 20 yuan for each more than 4 dishes, another 20 yuan for washing dishes, and 20 yuan for transportation.
Notes are written under the price list. All services need to be reserved one day in advance, and the needs are communicated after the order is placed; the ingredients can be purchased by the owner himself or on behalf of the owner; the chef will come to cook two hours before the meal.
After getting to know Xiao Zhou, I learned that this chef is about the same age as me, and she is very keen on cooking, and she lives very close to her. Cooking at home is just a part-time job for her, and her job is a company clerk. , it’s better to make some money by making use of your strengths.” The other party said.
On the day of the service, the other party arrived at Xiao Zhou's house as scheduled. Watching the substitute chef skillfully use the kitchen utensils at home and carefully cook every ingredient, Xiao Zhou couldn't help but lament the gap between himself and his peers.
"Usually I am used to takeaway and fast food. I haven't eaten such pure home-cooked food for a long time. It is the first time I feel the taste of home in a foreign land." Xiao Zhou said that this experience touched him deeply, so he also started to learn Trying to cook like a substitute chef.
Since then, there has been fireworks in the empty rental house.
However, there are also netizens complaining about the poor cooking skills on the Internet.
A netizen in Chongqing posted an article saying that the cooking effect of the substitute chef he reserved was extremely poor. Not to mention the unpalatable food, the kitchen was as messy as "fighting a war" after cooking, which was a waste of energy and money.
During the investigation, the reporter found that the group of chefs who provide services in the name of individuals is often in a simple form. Employers only need to communicate the dishes through private messages, and after paying the fee through mobile phones, they can make an appointment to cook at home.
The reporter contacted a substitute chef on "Salted Fish", who immediately sent the reporter a price list, and asked the reporter where to cook at home, confirmed the number of people dining, the number of dishes, whether they needed to buy ingredients on behalf of them, whether they needed cleaning services, etc. After the content, send the payment code directly to the reporter.
When the reporter asked if the other party could provide a health certificate and nucleic acid certificate, the other party said that he had never heard of the need to provide these for home cooking.
The reporter randomly selected 4 substitute chefs who were close to him in "Xianyu". Only one substitute chef said that he had a health certificate and could issue a nucleic acid certificate within 48 hours, while the rest of the substitute chefs could not provide these certificates. He said that cooking is just his hobby, and he didn't know that he needed to apply for a health certificate and other certificates before.
The substitute chef "Xiaosnail" told reporters that it is very simple to become a substitute chef. You only need to show the meals you cook, mark the price and post them on major platforms, and wait for the order to be received. There are no other thresholds except cooking skills.
"Xiaosnail" also said that another form of substitute chef is more standardized, usually joining a private kitchen company, which requires assessment and training, and the salary is relatively stable.
Emerging industries still need regulation
Choose carefully to avoid risks
How should the legal relationship between a substitute chef and an employer be defined?
How is it different from traditional nannies and part-time workers?
Zheng Ning, director of the Law Department of the Cultural Industry Management School of Communication University of China, believes that legally speaking, this is a contractual relationship, while employers, nannies and part-time workers are often labor relations.
Shi Xin, a lawyer at Beijing Yingke (Hefei) Law Firm, believes that there are many similarities between door-to-door cooking and online taxi-hailing. In the past, the relationship between workers and companies was mostly employment, but in the O2O era, platforms and service personnel will no longer It is an employment relationship, but a sharing relationship based on a labor contract.
While the combination of door-to-door economy and local life in the O2O era brings convenience to employers, related problems cannot be ignored and need to be resolved urgently.
Zhao Zhanzhan, a lawyer at Beijing Yunjia Law Firm, said that there is still controversy about whether the legal relationship between the chef and the employer is an employment relationship or a contract relationship, and the legal responsibilities of the two are different.
If it is an employment relationship, the corresponding liability shall be borne based on the faults of both parties; if it is a contractual relationship, the orderer shall only bear the liability for compensation if he is at fault for the order, instruction or selection.
Because the chef has a strong personal attachment to the employer, and needs to complete the cooking work arranged by the employer according to the time and place required by the employer, the relationship between the two should be an employment relationship rather than a contract relationship.
If the chef has greater autonomy and can decide the time of coming to the kitchen and other matters, the relationship between the two parties may be contracted.
Aiming at the possible legal risks of substitute chefs, Zheng Ning believes that health risks, safety risks and quality risks are the three most important issues. The health of the chef, whether the operation meets the hygienic requirements, whether the operation is standardized, and whether the quality of the dishes pass the test. It should be clear before the service is provided.
Zhao Zhanzhan said that for the chef, the main possible legal problem is that if the chef is injured in the behavior of the chef, according to the contract relationship, the orderer may not be liable for compensation; if the two parties are in an employment relationship, the representative Once the chef is injured in the process of acting as a chef, he will bear the corresponding responsibility according to the fault of both parties.
As far as employers are concerned, Zhao Zhan analyzed that if a substitute chef causes personal injury to the employer or his family and friends during the process of providing services, such as food poisoning caused by undercooked food or unhygienic food, who will bear the responsibility?
If the cook is employed by a housekeeping company, his behavior as a cook is a professional act, and the employer can ask the housekeeping company to pay compensation, and the housekeeping company will then pursue compensation.
If the chef personally cooperates with the employer, the chef shall bear the tort liability.
Shi Xin also believes that since door-to-door services involve many security issues such as privacy and personal safety, it is recommended that the platform set up a pre-review system. In addition, employers also have the right to experience consumption such as good or bad comments and safety warnings when receiving services. affected.
Zheng Ning suggested that relevant departments should require chefs engaged in this type of business to undergo regular medical examinations and safety training, and establish a sound complaint reporting system and credit supervision system.
At the same time, he also reminded employers and chefs that the rights, obligations and responsibilities should be clearly stipulated in the contract before serving.
Shi Xin believes that in order to ensure the smooth performance of the contract, it is recommended to implement a prepayment system for service personnel, that is, the employer pays a part of the fee in advance to cover the transportation expenses, the employer's breach of contract, etc.
The platform can also collect service deposits from service personnel to prevent conflicts or irresponsibility between service personnel and employers, so as to improve service satisfaction.