CCTV1 — -2026-201
20261105 202200 UTC
118 transcript segments
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Machine transcription. Treat it as a searchable index of what was broadcast, not a verbatim quotation record.

[00:00:36] Song Jian had a car accident on the way. A kind passerby pulled me
[00:00:40] out of the car.
[00:00:41] 。
[00:00:46] Compensation for not having a labor contract was difficult. This job
[00:00:50] seemed relatively free, but in reality, there was no guarantee at all.
[00:00:53] 。
[00:01:22] This is an accident scene. The accident occurred on Wuliu Avenue, Xiuwen County, Guizhou Province. A delivery driver crashed into a truck parked on the side of the road.
[00:01:26] Goods were scattered all over the ground.
[00:04:00] We have six delivery drivers here.
[00:04:03] 。
[00:04:07] As before, he took orders and delivered parcels for the company,
[00:04:11] and settled his monthly workload. Then the company's person in charge
[00:04:15] paid him his salary through WeChat transfer. Xiao Liao said
[00:04:18] that this job's income was not bad in the local area, but it was very hard.
[00:04:22] He rarely ate on time, and his phone kept ringing.
[00:04:26] On the day of the accident, he was answering a call to rush a delivery.
[00:04:31] He got a call. Little chicks, live ones. He was relatively anxious, he was afraid that
[00:04:35] the ones he bought would die. When they died, he told me to hurry up.
[00:04:39] So I, at that time, when
[00:04:42] I got to that road, I called him again, because I was also answering calls.
[00:04:46] 。
[00:04:48] I'm almost there. During the call, this accident happened.
[00:04:52] Xiao Liao fell with his vehicle,
[00:04:55] his leg stuck in the vehicle, and the parcels were scattered all over the ground.
[00:04:58] Passerby.
[00:06:23] The company sent people to pick up the scattered parcels at the scene. Xiao Liao was sent to the hospital by his family.
[00:06:27] He suffered a spiritual injury, a comminuted fracture of the upper end of his left femur,
[00:06:31] multiple skin lacerations and soft tissue injuries all over his body, and had
[00:06:34] to undergo surgery. After that, Xiao Liao underwent two surgeries.
[00:06:38] This is the main one.
[00:08:43] It should be the driver responsible for compensation. So Xiao Liao's father sought
[00:08:46] legal advice on the relevant situation. At that time, the photos
[00:08:50] of the accident scene attracted the lawyer's attention. From
[00:08:54] the background of the photos, it can be seen that he was
[00:08:57] doing delivery work.
[00:09:00] 。
[00:09:07] Was this accident during working hours? He said yes. Then, it was immediately connected to the possibility of a work-related injury compensation issue.
[00:09:11] 任 培 藏 的 一 个 问 题 。
[00:09:13] The lawyer told Xiao Liao's father that he believed Xiao Liao should receive
[00:09:17] two parts of compensation, one part for traffic accident compensation, and one
[00:09:21] part for work-related injury compensation. After
[00:09:25] that, Xiao Liao's medical expenses of more than 17,000 yuan were handled as a traffic accident
[00:09:28] and paid by the insurance company. So Xiao Liao, after being discharged from the hospital, entrusted
[00:09:32] a lawyer to handle the work-related injury compensation matters.
[00:09:34] 。
[00:10:11] The first arbitration failed for reasons Xiao Liao did not expect. After sorting out the core evidence, Xiao Liao reapplied for labor arbitration. The employer's responsibility cannot be evaded. Today's Legal Talk is now on air.
[00:10:14] The lawyer told Xiao Liao that to get
[00:10:18] work-related injury compensation, he must first establish a labor relationship, then get a work-related injury
[00:10:22] rating, and then receive compensation according to the standard.
[00:12:25] Changda and Haoyunda companies were doing it, that is,
[00:12:29] the applicant, Xiao Liao, the business he was engaged in
[00:12:32] was distributed by Haoyunda and Changda companies.
[00:12:36] The agent of the respondent, Guizhou Huaxiaxing Business and Logistics Co., Ltd.,
[00:12:40] stated that Huaxiaxing Company's management team
[00:12:43] indeed had two companies in Xiuwen County,
[00:12:47] Guizhou Changda and Xiuwen Haoyunda. These
[00:12:51] two companies joined the express delivery business, but Huaxiaxing Company
[00:13:25] The employment and working methods are very flexible, which is also why Xiao Liao
[00:13:28] is unclear about which company he is working for.
[00:13:32] I just know that I went to
[00:13:35] work and did the work. You pay me.
[00:13:39] That is to say, although the arbitration at that time rejected Xiao Liao's
[00:13:43] request, you still communicated
[00:13:47] with Xiao Liao's lawyer.
[00:13:50] Change of subject. Although the arbitrators rejected Xiao Liao's application,
[00:13:58] they still gave Xiao Liao a reminder to change the respondent and reapply for arbitration. So Xiao Liao filed for labor arbitration a second time.
[00:14:02] The respondents were two companies, Guizhou Changda and Xiuwen
[00:14:06] Haoyunda. Xiao Liao and his lawyer re-sorted out the relevant
[00:14:10] evidence and materials for his work. Without a labor contract, it depends on whether there was
[00:14:14] an actual labor relationship between Xiao Liao and the company. For example,
[00:14:18] who paid Xiao Liao's remuneration, and
[00:14:21] whose management was he under?
[00:15:30] This labor arbitration recognized that there was a labor relationship between Xiao Liao and Xiuwen Haoyunda Company.
[00:15:34] The second labor arbitration,
[00:20:37] then the focus is on this,
[00:20:40] the distribution of wages. Who issued work instructions during the work process?
[00:20:44] If a work error occurred, who would be punished?
[00:20:48] These are the key elements.
[00:23:20] It also promotes the healthy and interesting development of society,
[00:23:24] and is a good deed. Today
[00:23:26] our guest in the studio is Professor Li Jianfei from the School of Law at Renmin University of China.
[00:23:30] Hello, Professor Li. In this case, we see that the express delivery company
[00:23:34] clearly signed an internal contracting agreement, and stipulated that it would be responsible for its own
[00:23:38] profits and losses, and manage independently. But the court still determined that this agreement could not
[00:23:42] contradict the determination of the labor relationship of the express delivery driver, Xiao Liao. Where do you think
[00:23:46] the court's basis for this is reflected?
[00:23:50] The third party decided
[00:23:51] on behalf of the party.
[00:23:59] workers or other people, this is a different legal relationship.
[00:24:02] So this subcontracting agreement cannot
[00:24:06] directly produce legal effects on subsequent matters.
[00:24:10] In this case, we noticed several key points: there was no labor
[00:24:14] contract, and no payment of corresponding social security
[00:24:17] insurance, etc. It only said.
[00:24:20] The case was pursued, and so the company said that
[00:24:23] the relationship between me and Xiao Liao was a contracting relationship,
[00:24:27] not a so-called labor relationship. How do you view the difference
[00:24:31] between this contracting relationship and a labor relationship? When an
[00:24:35] employer does not sign a labor contract with
[00:24:39] the worker and pay social insurance,
[00:24:42] it does not affect the determination of the labor relationship at all, because it is an illegal
[00:24:46] act. We cannot, because of an illegal act,
[00:24:50] determine that it is, on the contrary, affecting a subsequent legal determination.
[00:24:54] The case pursued the issue of commission, etc.
[00:24:58] It is a method of wage distribution. There are eight methods of wage distribution in total,
[00:25:01] none of which affect the determination of a labor relationship
[00:25:05] or a service relationship. So the third question is the main question,
[00:25:08] and it is also a relatively common problem that occurs in practice, which is the difference
[00:25:12] between contracting and a labor relationship. This distinction may
[00:25:16] have been discussed a lot in theory in textbooks, but we need to grasp
[00:25:20] a kind of .
[00:25:23] I am the boss myself, I want to obtain profit from this contracting relationship.
[00:25:27] The labor
[00:25:31] relationship is different. In a labor relationship, there must be a place, a
[00:25:35] employer, who obtains profit from their labor.
[00:25:38] Hmm. So, for every delivery rider,
[00:25:42] many people want to benefit from his labor.
[00:25:46] So it's not a contracting relationship. And also.