With the rapid development of drunk driving penalties and the rapid development of the Internet proxy driving industry, finding a proxy driving after drinking has become a choice for many citizens.
However, from time to time, the experience of "black driving" slaughtering customers and receiving private orders has also affected the healthy development of the industry.
In this regard, the agent driver complains that the platform dispatches less orders, has a high rake rate, and has strict treaties, while at the same time it does not protect their rights and interests.
Experts suggest that the main body of market supervision of the agent driving market should be clarified, the rights and obligations of the platform should be clarified, and the platform should undertake linear rights and interests protection for workers.
A few days ago, Ms. Chen, a citizen of Hubei, used the driving service and charged 70 yuan for a 5-km trip. Afterwards, she discovered that she might have encountered a "black driving".
This topic quickly aroused heated discussion, but also brought people's attention to the regulations of the driving industry.
What are the hidden safety hazards in "black driving"?
How to promote the benign and standardized development of the driving agent industry and protect the rights and interests of employees?
A reporter from the Workers’ Daily conducted an interview and investigation.
The indistinguishable "black driving"
With the rapid development of drunk driving penalties and the rapid development of the Internet proxy driving industry, finding a proxy driving after drinking has become a safe choice for many citizens.
At the same time, it is not an isolated case of Hubei Ms. Chen's "uneasy" when she encountered "black driving" slaughtering customers.
At 0:40 am on March 20th, the reporter saw at the entrance of a restaurant on Guijie Street in Beijing that there were several driver drivers wearing different platform vests waiting for work. They were not waiting for the system to dispatch orders, but they greeted customers when they saw customers. Ask if you need a driving service.
One of the drivers saw that the reporter hesitated a little, so he took the initiative to show his work ID and said that “you can use the platform to declare the price, or you can buy it at a price of 120 yuan.” When the reporter pointed out that the estimated cost of this trip on the platform was 98 When the yuan is yuan, the other party said, "The estimated fee is different from the actual cost. If you go to the North Fifth Ring Road, the price will eventually be around 130 yuan."
Li Bei, a driver on the driver’s platform in Cangzhou, Hebei, disagrees with this statement. “It’s up to you. Generally, the estimated and actual costs do not exceed 20 yuan.” He told reporters that in restaurants, bars, KTVs and other places. There is a fixed "black driver" who specializes in taking private orders at midnight because they earn a lot and start at 200 yuan wherever they go.
"Basically, they have a cooperative relationship with the employees in the store. They are given a commission for each order, and even the drivers of our platform are not allowed to approach. They can only wait far away."
The reporter's investigation found that some customers, for convenience, save the hassle of placing an order and waiting on the platform, and are more willing to find a driver on the street at any time.
In addition, many informal agents also wear uniform attire with an agent platform, and it is difficult for ordinary customers to distinguish between genuine and fake.
And this kind of driving equipment is easy to buy on the e-commerce platform, and you can also customize the logo (icon). Some buyers commented that the vest and trunk pad received were exactly the same as the company's, and the logo color and even the side buttons were the same.
Dispatch less orders, high rake, bypass the platform to receive "private orders"
"Today I only took 4 orders, and they all started at 38 yuan, which didn't make much money." At 8pm on March 21, at the entrance of a restaurant in Andingmen, Beijing, Master Liu from Shanxi, the driver of the driving platform, complained to his companions. .
The reporter learned that the platform will give priority to orders based on distance, so Master Liu often guards the streets where restaurants gather.
In addition, the dispatch rate is also linked to the driver's level. Li Bei's platform is divided into 5 levels. The higher the level, the higher the dispatch priority.
Whether it can be upgraded, it is necessary to integrate the driver's contribution value (number of orders), active value (online time), and praise value.
Sometimes, in order to ensure the contribution value, Li Bei needs to place an order with his other mobile phone and then take the order himself, riding an electric bike for about one kilometer to complete the order.
The platform does not oppose such "swiping orders" behavior, "because each platform will draw a commission of 25% from it, of course, I hope that the more orders the better." Li Bei said.
With fewer orders and high rake rates, many drivers on behalf of the driving platform have the experience of bypassing the platform to receive "private orders", and "private orders" will also charge a little more. "For example, an order of 80 yuan governs the customer's demand. 100 yuan".
Some drivers say so.
Master Liu admitted frankly that he had gone through "private orders", especially in times of bad weather. "The cold wave hit Beijing some time ago, and it is difficult for customers to successfully place orders on the platform because many platform drivers do not go online, but ran to the door of the hotel. Taking orders on their own is basically a buy-in price."
Li Bei also revealed a situation. Many of the so-called “black drivers” used to be platform drivers. In the event of violations, accidents, complaints from customers, etc., they will be punished by the platform or even be permanently blocked. They cannot be accessed on the platform. A single driver can only accept private orders.
The industry is difficult to regulate, who will protect the rights and interests of drivers?
From 8 pm to 6 am the next morning, Li Bei’s daily working hours. 3 years ago, he switched from part-time to full-time driving. He almost never took a break. He was very content with earning more than 10,000 yuan a month. “I’m from In rural areas, it’s good to earn so much money without any academic qualifications. Without a platform, it’s hard to live by all means. Sometimes even a day’s bills are not issued, and there is a risk of conflicts with customers’ prices. "There are many people like Li Bei. According to Didi's 2020 generation driving industry development report, 47.8% of the generation driving platform are the only employees in the family, and 70.6% are migrant workers.
At the same time, driver drivers rely on the considerable income generated by the platform and have to endure many "unequal treaties" set by the platform.
Many drivers said that the platform deducts driver service fees for no reason, even if they are complained for their own reasons, they will face penalties, and the appeal process is very cumbersome and the success rate is extremely low.
In this regard, Zhao Zhanzhu, a lawyer at Beijing Yunjia Law Firm, stated that there is currently no clear legal standard for the driving agent industry. The online driving agent platform formulates relevant rules for penalties for breach of contract liability. In principle, as long as the mandatory provisions of the law are not violated , It is legally binding on consumers and drivers.
In the agreement between the platform and the driver, the platform has the right to monitor the quality of the driver’s service, but is not responsible for disputes or disputes arising from the driver’s service. This has also led to another dispute: the difference between the driver’s platform and the driver What kind of labor relationship?
Who should protect the rights of drivers?
Li Bei told reporters that although each order includes a piece of insurance, few people will settle the claim through the platform. “We will deal with the compensation of one or two thousand yuan by ourselves. Once the claim is settled through the platform, It is very uneconomical to be closed and unable to take orders for half a month.” At the same time, he was also worried about his social security issues. “Now he can only pay for social security by himself. If the platform can pay part of it, it’s fine, even if it’s a deduction? "
In 2015, the judgment result of the country's first case involving a driver's software accident was that the relationship between the driver's platform and the driver was an employment relationship.
In the view of Xiao Zhu, deputy dean of the Law School of the China Labor Relations University, "Regardless of whether there is a labor relationship, the employer should provide protection for the basic rights and interests of the laborer. According to the basic principle of'who benefits, who is responsible', the platform requires Undertake linear rights and interests protection for workers. In addition, relevant departments need to pay more attention to the protection of workers' rights and interests, and handle the relationship between short-term employment flexibility and long-term employment security and social stability."
Cao Rong, a researcher at the Institute of Labor Relations and Trade Unions of the China Institute of Labor Relations, suggested that from the policy level, it is necessary to clarify the agent driving market supervision subject, clarify the rights and obligations of the platform, and regulate the relevant laws, regulations and standards for the entry and exit of relevant platform companies. At the same time, it is necessary to unblock the channels for the interests of practitioners.
Tang Shu