“优选骑手”之惑：我算不算“员工”

Core Viewpoint - The case highlights the distinction between "crowd-sourced riders" and "preferred riders" in the food delivery industry, focusing on the labor relationship and the implications of worker classification [1][2][3]. Group 1: Rider Classification - "Crowd-sourced riders" can choose whether to accept orders, while "preferred riders" must follow platform directives and have stricter performance metrics [3][5]. - The management and compensation structures for these two types of riders differ significantly, with preferred riders facing more stringent requirements and oversight [3][4]. Group 2: Legal Proceedings - The court recognized that the platform's management of the preferred rider, Xiao Yang, constituted a dominant labor management relationship, leading to the conclusion that a labor relationship existed [5][6]. - The court's analysis included factors such as the rider's autonomy in decision-making, the level of management control, and the economic dependency on the platform [4][6]. Group 3: Implications for Worker Rights - The case raises questions about the rights of new employment model workers regarding injury claims and labor relationship recognition, suggesting that workers should have the option to choose between different forms of compensation [7][8]. - The court emphasized that if a labor relationship is established, workers should not be denied the right to claim for work-related injuries, even if they have been recognized under a different employment classification [8].