Google Cloud Speech-to-Text API (Chirp) + Gemini 2.5 Flash Non-Thinking. Treat it as a searchable index of what was broadcast, not a quotation record.
00:00:36Song Jian had a car accident on the way. A kind passerby pulled me
00:00:40out of the car.
00:00:41。
00:00:46Compensation for not having a labor contract was difficult. This job
00:00:50seemed relatively free, but in reality, there was no guarantee at all.
00:00:53。
00:01:22This 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.
00:01:26Goods were scattered all over the ground.
00:04:00We have six delivery drivers here.
00:04:03。
00:04:07As before, he took orders and delivered parcels for the company,
00:04:11and settled his monthly workload. Then the company's person in charge
00:04:15paid him his salary through WeChat transfer. Xiao Liao said
00:04:18that this job's income was not bad in the local area, but it was very hard.
00:04:22He rarely ate on time, and his phone kept ringing.
00:04:26On the day of the accident, he was answering a call to rush a delivery.
00:04:31He got a call. Little chicks, live ones. He was relatively anxious, he was afraid that
00:04:35the ones he bought would die. When they died, he told me to hurry up.
00:04:39So I, at that time, when
00:04:42I got to that road, I called him again, because I was also answering calls.
00:04:46。
00:04:48I'm almost there. During the call, this accident happened.
00:04:52Xiao Liao fell with his vehicle,
00:04:55his leg stuck in the vehicle, and the parcels were scattered all over the ground.
00:04:58Passerby.
00:06:23The company sent people to pick up the scattered parcels at the scene. Xiao Liao was sent to the hospital by his family.
00:06:27He suffered a spiritual injury, a comminuted fracture of the upper end of his left femur,
00:06:31multiple skin lacerations and soft tissue injuries all over his body, and had
00:06:34to undergo surgery. After that, Xiao Liao underwent two surgeries.
00:06:38This is the main one.
00:08:43It should be the driver responsible for compensation. So Xiao Liao's father sought
00:08:46legal advice on the relevant situation. At that time, the photos
00:08:50of the accident scene attracted the lawyer's attention. From
00:08:54the background of the photos, it can be seen that he was
00:08:57doing delivery work.
00:09:00。
00:09:07Was 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 。
00:09:13The lawyer told Xiao Liao's father that he believed Xiao Liao should receive
00:09:17two parts of compensation, one part for traffic accident compensation, and one
00:09:21part for work-related injury compensation. After
00:09:25that, Xiao Liao's medical expenses of more than 17,000 yuan were handled as a traffic accident
00:09:28and paid by the insurance company. So Xiao Liao, after being discharged from the hospital, entrusted
00:09:32a lawyer to handle the work-related injury compensation matters.
00:09:34。
00:10:11The 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.
00:10:14The lawyer told Xiao Liao that to get
00:10:18work-related injury compensation, he must first establish a labor relationship, then get a work-related injury
00:10:22rating, and then receive compensation according to the standard.
00:12:25Changda and Haoyunda companies were doing it, that is,
00:12:29the applicant, Xiao Liao, the business he was engaged in
00:12:32was distributed by Haoyunda and Changda companies.
00:12:36The agent of the respondent, Guizhou Huaxiaxing Business and Logistics Co., Ltd.,
00:12:40stated that Huaxiaxing Company's management team
00:12:43indeed had two companies in Xiuwen County,
00:12:47Guizhou Changda and Xiuwen Haoyunda. These
00:12:51two companies joined the express delivery business, but Huaxiaxing Company
00:13:25The employment and working methods are very flexible, which is also why Xiao Liao
00:13:28is unclear about which company he is working for.
00:13:32I just know that I went to
00:13:35work and did the work. You pay me.
00:13:39That is to say, although the arbitration at that time rejected Xiao Liao's
00:13:43request, you still communicated
00:13:47with Xiao Liao's lawyer.
00:13:50Change of subject. Although the arbitrators rejected Xiao Liao's application,
00:13:58they still gave Xiao Liao a reminder to change the respondent and reapply for arbitration. So Xiao Liao filed for labor arbitration a second time.
00:14:02The respondents were two companies, Guizhou Changda and Xiuwen
00:14:06Haoyunda. Xiao Liao and his lawyer re-sorted out the relevant
00:14:10evidence and materials for his work. Without a labor contract, it depends on whether there was
00:14:14an actual labor relationship between Xiao Liao and the company. For example,
00:14:18who paid Xiao Liao's remuneration, and
00:14:21whose management was he under?
00:15:30This labor arbitration recognized that there was a labor relationship between Xiao Liao and Xiuwen Haoyunda Company.
00:15:34The second labor arbitration,
00:20:37then the focus is on this,
00:20:40the distribution of wages. Who issued work instructions during the work process?
00:20:44If a work error occurred, who would be punished?
00:20:48These are the key elements.
00:23:20It also promotes the healthy and interesting development of society,
00:23:24and is a good deed. Today
00:23:26our guest in the studio is Professor Li Jianfei from the School of Law at Renmin University of China.
00:23:30Hello, Professor Li. In this case, we see that the express delivery company
00:23:34clearly signed an internal contracting agreement, and stipulated that it would be responsible for its own
00:23:38profits and losses, and manage independently. But the court still determined that this agreement could not
00:23:42contradict the determination of the labor relationship of the express delivery driver, Xiao Liao. Where do you think
00:23:46the court's basis for this is reflected?
00:23:50The third party decided
00:23:51on behalf of the party.
00:23:59workers or other people, this is a different legal relationship.
00:24:02So this subcontracting agreement cannot
00:24:06directly produce legal effects on subsequent matters.
00:24:10In this case, we noticed several key points: there was no labor
00:24:14contract, and no payment of corresponding social security
00:24:17insurance, etc. It only said.
00:24:20The case was pursued, and so the company said that
00:24:23the relationship between me and Xiao Liao was a contracting relationship,
00:24:27not a so-called labor relationship. How do you view the difference
00:24:31between this contracting relationship and a labor relationship? When an
00:24:35employer does not sign a labor contract with
00:24:39the worker and pay social insurance,
00:24:42it does not affect the determination of the labor relationship at all, because it is an illegal
00:24:46act. We cannot, because of an illegal act,
00:24:50determine that it is, on the contrary, affecting a subsequent legal determination.
00:24:54The case pursued the issue of commission, etc.
00:24:58It is a method of wage distribution. There are eight methods of wage distribution in total,
00:25:01none of which affect the determination of a labor relationship
00:25:05or a service relationship. So the third question is the main question,
00:25:08and it is also a relatively common problem that occurs in practice, which is the difference
00:25:12between contracting and a labor relationship. This distinction may
00:25:16have been discussed a lot in theory in textbooks, but we need to grasp
00:25:20a kind of .
00:25:23I am the boss myself, I want to obtain profit from this contracting relationship.
00:25:27The labor
00:25:31relationship is different. In a labor relationship, there must be a place, a
00:25:35employer, who obtains profit from their labor.
00:25:38Hmm. So, for every delivery rider,
00:25:42many people want to benefit from his labor.
00:25:46So it's not a contracting relationship. And also.