A Legal Guide for New Delivery Riders

A Legal Guide for New Delivery Riders

Introduction: As a new rider on the road, the law protects you

Welcome to join the ranks of food delivery riders! In this era of rapid development, food delivery riders have connected the needs of thousands of households with their hard work and become an indispensable and important part of modern urban life. This job provides convenience to society and brings employment opportunities to individuals. However, as a "new employment form", food delivery riders may also face some legal risks and challenges at work that are not common in traditional industries.

This brochure is intended to provide new riders with a core guide to dealing with legal risks. By understanding common legal issues at work and corresponding professional answers, you can better identify potential risks and safeguard your legitimate rights and interests. Understanding and mastering these basic legal knowledge is not only your own protection, but also an important step in enhancing job security and professional confidence.

The issue of protecting the rights and interests of workers in new forms of employment is increasingly attracting attention from all walks of life, and relevant laws, regulations and policies are also being continuously developed and improved. The characteristic of this employment model is its flexibility, but because of this, the legal status and rights and obligations of workers sometimes appear complex and ambiguous. When many riders sign a contract, they may not be fully aware of the far-reaching impact of the contract terms on their legal status and future rights and interests. For example, some platforms or outsourcing companies try to avoid traditional employer responsibilities through specific contractual arrangements, which requires riders to be more proactive in understanding their own situation and learn to use legal weapons to protect themselves. This brochure hopes to help you calmly deal with legal issues that may arise at work through clear and practical information, so that the law can become a solid backing for you to safely and successfully complete every delivery.

Chapter 1: Whose “soldier” am I? : : Understand your employment relationship clearly

Before starting delivery work, a crucial question is: What is the legal relationship between you and the platform or related companies? This is directly related to your labor remuneration, social insurance, identification of work-related injuries and even the path to safeguard your rights when a labor dispute occurs. In practice, the employment patterns of delivery riders are complex and diverse, and many riders don’t even know which company they have signed a contract with.

1. Common employment models and their legal implications

1. Direct employment by the platform (currently relatively rare): If the rider directly signs a labor contract with the food delivery platform, the two parties will form a clear labor relationship, and the rider will enjoy all labor security rights and interests stipulated in the Labor Contract Law, such as social insurance, paid leave, economic compensation, etc.

2. Outsourcing to third-party logistics/distributors: This is one of the current mainstream models. The platform outsources delivery operations to regional agents or specialized logistics companies, and riders sign contracts with these third-party companies. Under this model, there may be a labor relationship between the rider and the third-party company, which needs to be judged based on the actual management situation. However, in this way, the platform is effectively separated from the riders legally, and the probability of the platform itself being found to have a labor relationship is extremely low (usually within 1%).

3. "Individual business owner" model: Some platforms or outsourcing companies will guide or even require riders to register as individual business owners, and then sign a "Cooperation Agreement" instead of a labor contract with the rider. Under this model, riders are legally regarded as independent operators and are “responsible for their own profits and losses and risks.” The rider forms an equal civil partnership with the company, rather than a labor relationship in the sense of labor law. This makes the rider lose his subject qualifications as a "laborer" and find it difficult to enjoy the various protections provided by labor laws. This approach is a common strategy adopted by platforms or their partners to reduce labor costs and avoid legal obligations such as social security payments. Its core is to fundamentally change the legal status of the rider and transfer most of the employment-related risks and responsibilities to the rider himself. Riders often fail to fully understand the far-reaching legal consequences of this identity change when registering.

4. Crowdsourcing model: Riders grab orders through the App and have relatively free working hours. This model is usually identified as a contractor or service contract relationship rather than a labor relationship, and the rider is more like an independent contractor.

Why is it important to clarify relationships?

The nature of the employment relationship directly determines whether the rider can enjoy social security such as work-related injury insurance, pension insurance, medical insurance, and unemployment insurance, as well as whether labor law provisions such as minimum wage standards, overtime pay, paid annual leave, and economic compensation for contract termination are applicable. If it is determined that there is no employment relationship, the rider may not be able to receive workers' compensation compensation if he is injured at work, and he may not be able to receive unemployment benefits when he is unemployed.

2. Legal advice and evidence retention

1. Carefully review the contract/agreement: Before signing, be sure to see clearly who is signing the contract and whether the nature of the contract is a "labor contract", a "cooperation agreement", an "undertaking agreement", etc. Be wary of terms that define you as a "partner" or "independent contractor" or require you to register as a "sole proprietor", especially if you are strictly managed and controlled in practice.

2. Pay attention to saving key evidence to prove the labor relationship in case of disputes: Even if the name of the contract is not "labor contract", if there is a de facto relationship between management and managed, it may still be recognized as a labor relationship. The following evidence is crucial:

(1) Written contract/agreement: Regardless of the name, it is the basic evidence.

(2) Work instructions and management communication records: For example, WeChat chat records with the webmaster and dispatcher, notifications in the App, task assignments, schedules, etc., which can prove that you accept the other party’s daily management and work arrangements.

(3) Salary payment record: who pays, payment period, calculation method, bank statement, salary slip (if any).

(4) Training materials and work specifications: Onboarding training, operation manuals, reward and punishment systems, dress requirements, distribution tools (such as unified incubators, work clothes) provided by the company, etc.

(5) Attendance and performance records: online and offline punch-in records, attendance statistics, performance appraisals, reward and punishment notices, fine records, etc.

(6) Evidence of "subordination": Prove that you are subordinate to the employer in terms of personality (such as having to obey instructions), economically (such as relying on this job as the main source of income), and organizationally (such as being included in the company's organizational structure and participating in its main business).

In reality, riders’ work often involves multiple companies: platform companies, outsourced logistics companies, labor dispatch companies, and even companies specifically responsible for paying wages. This "fragmented labor process" is often carefully designed to obscure the real employer and make it more difficult for riders to defend their rights. When a work-related injury or labor dispute occurs, parties may blame each other, making it difficult for riders to determine who to claim their rights against. Therefore, retaining the above-mentioned types of evidence from the first day of employment is crucial to safeguarding one's own rights and interests.

Table 1: My relationship with the company: comparison of different models

Chapter 2: The First Lesson of Safety on Wheels - Traffic Accident Response and Insurance Instructions

The work of food delivery riders is a race against time and speed, and the risk of traffic accidents cannot be ignored. The platform's "on-time delivery" requirements, overtime fines, negative review mechanisms, etc. have put tremendous pressure on riders, causing some riders to commit traffic violations such as running red lights, driving in the wrong direction, and speeding in order to compete for time. Traffic accidents are common. This not only threatens the rider's own safety, but may also cause harm to third parties.

1. “Three Steps” for Responding to Traffic Accident Scenes

1. Ensure safety and call the police immediately

After an accident, you must first ensure the safety of yourself and others. If the vehicle can still move, you should move the vehicle to a safe area that does not affect traffic as soon as possible after taking photos and fixing the evidence, turn on the hazard warning lights, and place warning signs.

If anyone is injured, call 120 emergency number immediately.

Regardless of the size of the accident, especially if it involves casualties or large property losses, be sure to call 110 or 122 immediately to call the police. The traffic police will arrive at the scene to handle the accident and issue a "Traffic Accident Certification". This is an important basis for dividing responsibilities and subsequent claims settlement.

2. Collect evidence calmly and preserve information

Before the traffic police arrive and on the premise of ensuring safety, on-site evidence should be collected as comprehensively as possible. A detailed evidence collection list is provided in the table below.

Exchange information with the other party in the accident: including name, contact number, driver's license number, license plate number, vehicle model, insurance company name and policy number.

3. Report in time and cooperate with investigation

Report the incident to your company/site manager.

Truthfully state the incident to the traffic police and cooperate with the investigation and evidence collection.

Table 2: “Golden List” of traffic accident scene evidence

2. How to determine accident liability?

Responsibility for traffic accidents is mainly determined by the traffic management department of the public security organ based on the role of the party's behavior in the occurrence of the road traffic accident and the severity of the fault.

If a rider is involved in a traffic accident while performing work tasks (such as delivering food) and is responsible for the accident, according to Article 1191 of the Civil Code of the People's Republic of China, if the employer's staff causes damage to others due to the performance of work tasks, the employer shall bear tort liability. After the employer assumes tort liability, it may seek compensation from the staff member who committed intentional or gross negligence. This means that if the relationship between the rider and the company is deemed to be a labor relationship, the company may need to pay compensation to the injured third party in advance. However, if the rider commits intentional or gross negligence (such as drunk driving, serious speeding, etc.), the company has the right to recover compensation from the rider.

In practice, due to the complexity of employment relationships, the responsible party often becomes the focus of disputes. Platforms often shift responsibility to outsourcers or individual riders through contracts.

3. Insurance: your important protection

It’s important to understand the vehicle you drive and your personal insurance coverage:

1. Compulsory motor vehicle traffic accident liability insurance (compulsory traffic accident insurance): This is a type of insurance compulsorily purchased by the state. It mainly compensates for personal casualties and property losses of third parties in accidents, but the compensation limit is relatively low.

2. Commercial third-party liability insurance: As a supplement to compulsory traffic insurance, the compensation limit is higher and is used to compensate third-party losses that exceed the limit of compulsory traffic insurance. Riders are advised to ensure that the vehicle they drive (whether owned or provided by a company) is fully insured with commercial third-party insurance.

3. Employers liability insurance: If the delivery company has insured its employees (including riders who are deemed to have labor relations), this insurance can compensate the riders if they have an accident at work or cause damage to a third party due to work.

4. Rider accident insurance (such as "rider insurance", "rider insurance", etc.): Many platforms or outsourcing companies will purchase accident insurance for riders that takes effect every day, and the premium may be deducted from the rider's first daily income. This type of insurance usually covers accidental death, disability, medical expenses, etc. during the delivery process.

Special note: Be sure to understand the specific coverage, disclaimers and claims process of this type of insurance. Common exemption clauses may include: drunk driving, drug driving, intentional acts, accidents caused by pre-existing diseases, accidents occurring during non-working hours or non-working areas, etc. Insurance clauses often have strict restrictions on compensation for "sudden death," such as requiring that the death must occur during "working hours and at the workplace." This may become a difficulty in claims settlement for riders with flexible working hours and locations. When hearing such cases, the court may thoroughly review the contract, determine that the rider is the actual policy holder, and strictly examine whether the insurance company has fulfilled its obligation to provide reminders and explanations of the exemption clause.

5. Claims settlement process: After an insured accident occurs, you should immediately report the accident to the insurance company (usually there is a reporting hotline, such as Ping An Insurance 95511), and prepare claim settlement materials according to the insurance company's guidelines, such as "Traffic Accident Determination", medical diagnosis certificate, expense invoice, disability appraisal report, etc. Keep all original documents properly.

The platform’s operating model, especially its algorithm-driven, speed-centered assessment mechanism, is one of the important reasons for riders’ high-risk driving behavior. Although the "daily insurance" provided by the platform seems to provide protection for riders, the terms of these insurances are often unfavorable to riders, and riders, as the actual insured, may not fully understand these terms, thus facing difficulties in settling claims in the event of an accident. Therefore, while riders are concerned about their own safe driving, they should also learn as much as possible about their insurance rights and limitations.

Chapter 3: Hard work in exchange for pay - labor remuneration and working time rights

The labor remuneration of delivery riders is usually linked to factors such as the number of completed orders, delivery distance, online time, and customer evaluation, showing the characteristics of "piece rate + performance". Platform algorithms play a decisive role in order allocation, route planning, estimated delivery time, etc., directly affecting the income level and work intensity of riders. Overtime, negative reviews, etc. may result in fines or reduced income.

1. Core rights and interests of labor remuneration

1. Minimum wage guarantee: According to the latest policy guidelines, even if the situation does not fully comply with the establishment of labor relations, when enterprises conduct labor management of workers (such as takeaway riders, online ride-hailing drivers and other new employment forms of workers), they should refer to the hourly minimum wage standard of the actual work place of the worker to ensure that they receive labor remuneration that is no less than the local minimum wage standard. This means that regardless of what is agreed in the contract, as long as there is de facto management, the rider’s income, after being converted into hourly wages, should not be lower than the legal standard.

2. Wage payment form and cycle: Enterprises should pay labor remuneration in full and on time to workers in the new employment form in the form of currency, and shall not replace currency payment with physical objects and securities. Pay attention to whether wages are paid in a timely manner and whether there are unreasonable deductions.

3. Transparent salary rules: Platform companies should disclose rules and regulations such as order allocation, remuneration and payment, working hours and rest, standard contract terms, algorithm rules and their operating mechanisms to workers in new forms of employment who rely on the platform. Riders have the right to know how each of their income is calculated and what rules each deduction and penalty is based on.

2. Working hours, rest and vacations

It is common for delivery riders to work long hours. Some dedicated delivery riders work more than 10 hours a day on average, and the average online time of crowdsourcing riders reaches about 8 hours. Research shows that riders work an average of 11 hours a day and nearly seven days a week. High incomes are often earned through long working hours.

1. Guarantee of the right to rest: Relevant departments have issued guidance requiring platform companies not to set assessment indicators that harm the safety and health of workers. They must use methods such as "algorithm selection" to reasonably determine assessment factors such as order quantity and online rate, appropriately relax delivery time limits, and ensure that workers get necessary rest time.

2. Definition of "working hours": The concept of "relaxed time" was introduced for the first time in the Guarantee Guidelines, clarifying that working hours are based on the cumulative order-taking time for workers to complete all orders, and appropriate consideration must be given to workers' necessary online waiting for orders, service preparation, physiological needs and other factors. Some academic opinions suggest that there should be a maximum limit for the duration of continuous orders (such as 4 hours) and a minimum rest period between two days (such as 8-10 hours).

3. Overtime pay on statutory holidays:

(1) For workers with new employment forms who work on statutory holidays, enterprises should pay workers reasonable remuneration that is higher than the remuneration for normal working hours.

(2) If the rider and the company are found to have a labor relationship, overtime wages of no less than 300% of the wage base should be paid for overtime work on statutory holidays (13 days in the year, starting from 2025); if work is scheduled on rest days (such as weekends) and compensatory leave cannot be arranged, overtime wages of no less than 200% of the wage base should be paid.

(3) The overtime wage base is usually calculated as monthly wage income ÷ 21.75 days (number of monthly pay days) to calculate daily wages. For riders who receive piece-rate wages, how to determine "normal working time labor remuneration" or "wage base" may be more complicated. In practice, the average income level in a certain period or a certain multiple of the local minimum wage standard may be referenced.

3. Dealing with unreasonable deductions and penalties and salary disputes:

1. Carefully read the platform’s rules on rewards, punishments, and appeals.

2. If you encounter unreasonable deductions or negative reviews, you should promptly raise objections through the platform’s internal appeal channels (see Chapter 5 for details).

3. Keep all records related to workload, income, deductions and penalties, such as order records in the App, screenshots of income details, communication records with managers, etc. These are important pieces of evidence when disputes arise.

Although the policy orientation of the minimum wage and high holiday pay for workers in the new employment form is positive and aims to make up for the shortcomings of traditional labor law protection, in practice, especially for riders who are paid on a piece-rate basis, there are still certain practical difficulties in how to accurately calculate their "hourly wages" to determine whether they meet the minimum wage standard, and how to define their "normal working time labor remuneration" as the basis for calculating overtime pay on holidays. This requires the platform to assume a clearer responsibility for salary transparency, and may require more detailed official guidance and effective supervision to ensure the implementation of the policy. In addition, algorithms have extremely strong implicit control over riders’ income and working hours. Riders may appear to be “flexible” in taking orders, but in fact they may be driven by the algorithm to work at high intensity for a long time to maintain their income. The freedom of work under this kind of “algorithmic management” needs to be viewed dialectically.

Table 3: Quick check on my salary composition and benefits

Chapter 4: What should I do if I am injured at work? : : Know about occupational injury protection in advance

Delivery riders face a high risk of occupational injuries while traveling through the streets. Once injured at work, how to obtain timely and effective medical treatment and financial compensation is an issue that every rider should pay attention to.

1. Dilemma of traditional work-related injury insurance

The premise of the traditional work-related injury insurance system is that there is a clear labor relationship between the employee and the employer. However, as mentioned in Chapter 1, food delivery platforms and related employers often avoid establishing direct labor relations through various methods (such as outsourcing, registering individual industrial and commercial households, etc.). This has resulted in many riders being unable to enjoy work-related injury insurance benefits after being injured at work because they are difficult to be recognized as “employees” and thus falling into a dilemma in safeguarding their rights. The case of Master Shao Xinyin is a typical example. He was involved in a serious traffic accident while delivering food, but due to complicated employment relationships and difficulties in identifying labor relations, he was repeatedly blocked in applying for work-related injury benefits.

2. New Dawn: Pilot Occupational Injury Protection for Employees in New Employment Forms

In order to cope with the above challenges, the national level has begun to implement pilot projects for occupational injury protection in some regions for workers in new employment forms, including food delivery riders. This system innovation aims to provide a new protection path for flexible employment personnel who are difficult to be included in the current work-related injury insurance system.

1. Core features: This pilot is not based on the existence of a labor relationship, but focuses more on the occupational risks of workers in the process of performing platform tasks. Platform companies usually pay occupational injury insurance fees based on a certain proportion of the order volume.

2.Scope of protection

(1) During the execution of platform order tasks, you are injured by accidents, violence or other accidental injuries due to the performance of platform service content, or your whereabouts are unknown in an accident;

(2) During the execution of platform order tasks, he died of a sudden illness or died after rescue failed within 48 hours;

(3) Injured in activities such as emergency rescue and disaster relief to safeguard national interests and public interests;

(4) Other situations that should be recognized as occupational injuries according to laws and administrative regulations.

3. Guarantee benefits

(1) Medical expenses and rehabilitation expenses;

(2) Costs required for installing and configuring disability assistive devices;

(3) For those who cannot take care of themselves, living care expenses confirmed by the Labor Capacity Appraisal Committee;

(4) For those who die due to occupational injuries, their close relatives receive funeral benefits, dependent relatives’ pensions and one-time occupational injury death benefits;

(5) One-time disability subsidy for persons with disabilities of grades one to ten, and monthly disability allowance for persons with disabilities of grades one to four.

4. Application procedure

(1) After an accident occurs, the platform company should generally submit an application for occupational injury benefits through the designated information platform within the specified time limit (such as 3 working days).

(2) If the platform company fails to apply in accordance with the regulations, employees in the new employment form or their close relatives and trade union organizations can apply within the prescribed time limit (such as 30 working days from the date of the accident) to the district Human Resources and Social Security Bureau where the injury occurred.

(3) The launch of this pilot project is an important effort made by the country to adapt to the development of new employment forms and fill the gaps in the social security system. It attempts to provide a more feasible occupational injury protection path for workers in new employment forms without subverting the complexity of existing labor relationship identification.

3. Commercial accident insurance: an indispensable supplement

When the occupational injury protection pilot has not yet fully covered, or even if it is covered, there may be insufficient protection, the commercial accident insurance purchased by the platform or outsourcing company for the rider often becomes the main or only source of income after the rider is injured.

1. Importance: This type of insurance usually takes effect on a daily basis and provides protection against accidental injuries that may occur to the rider during work.

2. Note: Be sure to carefully understand the coverage, compensation standards, and especially the exemption clauses of the insurance contract (see the discussion on insurance in Chapter 2 for details). For example, the definition of "sudden death" and whether it must occur during "working hours and at the workplace" may become points of dispute in claims settlement.

4. Actions to be taken immediately after injury:

1. Put life safety first, seek medical treatment promptly: ensure necessary medical treatment.

2. Report immediately: Report the injury to the platform, affiliated site or company, stating the time, location, cause and severity of the accident.

3. Save all evidence:

(1) Medical records: including outpatient medical records, hospitalization records, diagnosis certificates, medical expense invoices, medication lists, etc.

(2) Accident evidence: If it is a traffic accident, it includes the "Traffic Accident Determination Letter", photos of the scene, etc.

(3) Work evidence: Evidence that can prove that work tasks were being performed at the time of the incident, such as App order screenshots, delivery tracks, etc.

(4) Insurance information: Policy information of the purchased commercial accident insurance (if any).

Currently, riders’ occupational injury protection is showing a “dual-track” trend: one is a government-led occupational injury protection pilot, and the other is commercial accident insurance provided by market forces (platforms/outsourcers). Riders need to know whether their region and the platform they serve are participating in the pilot project, and they also need to know what commercial insurance they are entitled to. How the two are connected and whether there is a conflict or supplementary relationship are issues that riders need to pay attention to when applying for claims. The effectiveness of the pilot program, in the long term, will depend on the breadth of its coverage, the ease of the application process, and the adequacy of the level of coverage to truly alleviate riders’ worries after being injured on the job.

Table 4: If I am injured at work, what protections do I have?

Chapter 5: The Platform’s “Rules” and My “Voice”: Understanding Platform Policies and Complaint Channels

In their daily work, in addition to complying with traffic laws, delivery riders are also bound by a series of rules set by the platform. These rules involve all aspects such as delivery timeliness, service attitude, dress code, order requirements, etc., and are managed through customer reviews, star ratings, reward and punishment mechanisms, etc. Algorithms play an important role in this, and automated evaluation, rewards and punishments are the norm. When riders believe that they have been unfairly punished or evaluated, understanding and making good use of appeal channels is an important way to safeguard their rights and interests.

1. The “small court” within the platform: rules and complaints

1. Binding force of platform rules: When riders register to use the platform App, they usually agree to abide by various management regulations announced by the platform. These provisions form the basis of the rights and obligations between riders and the platform (or its partners).

2. Right to appeal: Most platforms have internal appeal mechanisms that allow riders to raise objections to unreasonable penalties, negative reviews, deductions, etc. Human resources and social security departments also urge platform companies to establish and smooth workers' grievance channels.

2. How to effectively appeal?

1. Understand the rules and act promptly: Carefully read the platform’s specific regulations on appeals, including the scope, time limit, required materials and submission process of appeals. Usually, appeals have time limits and must be filed within the specified period.

2. Evidence is king: A successful appeal cannot be separated from sufficient evidence support. Depending on the situation, evidence that may need to be collected includes:

(1) Screenshot of order information: including order number, customer information (virtual number), merchant information, delivery route, estimated delivery time, etc.

(2) Screenshots of communication records: in-App chat records, text messages, and call records with customers, merchants, or platform customer service (if the platform allows it and has a recording function, it can be used as evidence).

(3) On-site photos/videos: For example, to prove that the food has been delivered in good condition (such as the customer asked to leave it at the door), the merchant has seriously overtimed the meal delivery (the waiting situation in the store can be photographed), and there are irresistible objective factors (such as serious road congestion, extreme weather), etc.

(4) Other auxiliary certificates: such as actual road conditions displayed by navigation software, certificates issued by third parties (such as written instructions from merchants confirming meal delivery delays, although it is difficult to obtain in practice).

3. State clearly and seek truth from facts: When making a complaint, concisely explain what happened, the reasons for the complaint and the expected solution. Avoid emotional expressions and speak with facts and evidence.

4. Follow-up and persistence: After submitting an appeal, pay attention to the platform’s feedback. If the initial appeal is unsuccessful, but you think the reasons are sufficient and the evidence is conclusive, you can try to supplement the materials or communicate further.

3. Challenges faced by appeals and improvement trends of the platform

Although the platform has a grievance mechanism, riders may still face some difficulties in actual operation. For example, the appeals process may not be transparent enough, and riders may not know the specific criteria and basis for successful appeals. Some riders reported that the success rate of appeals is not high for some bad reviews that are not caused by themselves (such as food taste problems, merchants missing and wrong delivery, etc.), and some riders even said that they have never successfully appealed.

The rules formulation, execution and dispute adjudication mechanism within this platform form a “private trial system” to some extent. The platform is both a "legislator" and a "law enforcer" and a "referee." Riders are often in a relatively weak position, and the degree of protection of their right to appeal depends largely on the platform's consciousness and management level.

It is worth noting that in the face of continued attention from the outside world and requirements from regulatory authorities, some platforms have begun to try to optimize their management and evaluation systems. For example, Meituan Waimai has launched a "service star" mechanism, which changes the handling of negative reviews, overtime and other situations from direct deductions to point deductions, and gives riders the opportunity to make up for it through subsequent bonus points. At the same time, it also optimizes the exemption rules for negative reviews caused by non-riders, and has a real-time reporting and appeal channel for abnormal scenarios. This shift from "heavy penalties" to "equal emphasis on management and incentives" is still being explored, but it reflects some of the platform's efforts in balancing the interests of all parties and improving the rider experience. However, the fairness and effectiveness of this internal governance still require continued attention and external supervision.

Unfair penalties or lack of appeal will directly affect riders’ income and work enthusiasm, and may even force riders to adopt more risky driving behaviors in order to avoid future penalties, which in turn increases safety risks. Therefore, a transparent, fair and efficient appeals channel is crucial for riders.

Table 5: Practical Guide to Platform Penalties/Bad Review Appeals

Chapter 6: Customer information is no child’s play – Responsibility for personal information protection

Delivery riders will be exposed to a large amount of customers' personal information during the delivery process, such as names, phone numbers, home addresses, and order details. Properly protecting this information is not only a requirement of professional ethics, but also a legal obligation.

1. Riders’ personal information protection responsibilities

1. "Minimum necessary" principle: Riders should only obtain and use the minimum personal information necessary to complete the delivery task. Ideally, platforms should limit the scope of information that riders can access through technical means (such as virtual numbers, hiding specific product details, etc.). For example, the delivery person only needs to know the delivery address and the virtual number for contact. Specific product details, the user's real phone number, etc. are all unnecessary information and the rider should not know it.

2. Prohibited behavior:

No Disclosure: No personal information of the customer may be disclosed to any unauthorized third party, including other riders, family and friends, or on social media.

Abuse is strictly prohibited: Customer information may not be used for any purpose unrelated to delivery, such as harassment, promotion, or retaliatory behavior after an unpleasant incident. There has been an incident in Chengdu where riders obtained users’ real numbers and sent harassing text messages. Even if the platform uses virtual number encryption, there may still be technical loopholes or lax management issues.

Expiration of storage is strictly prohibited: After completing the delivery task, the customer's personal information is not allowed to be stored privately.

3. Platform technology and management measures:

Virtual number: The platform generally uses virtual number technology, so that neither the rider nor the customer displays the other party’s real number when talking. However, you need to be wary of technical vulnerabilities or improper permission management that may lead to real information leakage.

Information desensitization: Platforms and merchants should avoid providing riders with customer information beyond what is necessary for delivery, such as overly detailed product lists.

2. Legal consequences of leaking or misusing customer information:

Violation of personal information protection obligations may result in severe legal sanctions:

1. Civil liability: If a citizen's personal information rights are infringed, the victim may be required to bear civil liability such as apology and compensation for losses.

3. Administrative penalties: According to laws and regulations such as the Personal Information Protection Law of the People's Republic of China, regulatory authorities may impose fines and other administrative penalties on illegal actors.

3. Criminal liability: Illegal acquisition, sale or provision of citizens’ personal information to others, if the circumstances are serious, may constitute the crime of infringement of citizens’ personal information and face criminal penalties such as fixed-term imprisonment, criminal detention and fines. Even if citizens' information is obtained for the purpose of telemarketing, both units and individuals may be held criminally liable.

4. Platform penalties: Platforms usually have strict internal regulations. For riders who leak or abuse customer information, they may take punitive measures such as warnings, fines, suspension of orders, and even permanent account bans.

3. Best practices for riders to protect customer information:

1. Communicate with customers strictly through the official App or tools provided by the platform.

2. Never manually record or store customers’ phone numbers, addresses, and other information on personal devices.

3. If it is discovered that there are information security loopholes in the platform system, or merchants have attached unnecessary customer sensitive information to orders, they should report it to the platform.

4. In the face of unusual requests from customers involving their personal information (such as requests to deliver meals to non-designated personnel and provide the contact information of that person), you should remain vigilant, follow the platform's guidelines, and contact customer service for confirmation when necessary.

5. Maintain professional ethics and respect customer privacy. Even if you are unhappy with a customer, you must not use his or her personal information for any form of retaliation or harassment.

Although riders are direct contacts in the personal information protection chain, the responsibility for systemic information security lies more with the platform and merchants. Platforms should continue to improve technical protection and authority management, and merchants should also strictly abide by the principle of information minimization to jointly reduce the risk of information leakage. Every standard operation performed by a rider is a maintenance of customer trust and a contribution to the reputation of the entire industry. Any leakage or misuse of personal information may damage the public trust of the platform, which may lead to stricter industry supervision, ultimately affecting all practitioners.

Table 6: Customer information protection: three “no’s” and three “yes’s”

Chapter 7: Don’t panic if your rights and interests are damaged: rights protection channels and legal help

When food delivery riders encounter situations where their rights and interests are damaged, such as arrears of labor remuneration, unreasonable fines, difficulties in identifying work-related injuries, unfair contract terms, or being terminated without reason, it is crucial to understand and choose the appropriate way to protect their rights.

1. Evidence: the cornerstone of rights protection

No matter what rights protection method is adopted, sufficient and effective evidence is the key to success. From the first day of work, the following types of evidence materials should be consciously collected and preserved:

1. Contracts and agreements: All contracts, agreements, commitment letters, etc. signed with platforms, outsourcing companies, labor service companies, etc.

2. Platform rules and notices: Screenshots of rider management regulations, reward and punishment systems, salary rules, appeal procedures, etc. published in the platform App.

3. Work records: Screenshots of daily online and offline times, number of orders received, delivery mileage, income details, customer reviews, fine notices, etc. recorded in the app.

4. Communication records: records of communication with the webmaster, dispatcher, customer service, management personnel, etc. through WeChat, text messages, phone calls (pay attention to the legality requirements of call recording), in-App messages, etc.

5. Salary voucher: salary slip (if any), bank transfer statement, Alipay/WeChat payment record, pay attention to the name of the payee.

6. Proof of identity and management: work badges, work uniforms, photos of delivery tools issued by the company, entry registration forms, training materials, notices or records of meeting attendance, etc.

7. Evidence of specific incidents: If a work-related injury occurs, medical records, expense notes, accident certificates, etc. must be retained; if unfair treatment is encountered, proof of relevant specific facts must be retained.

2. “Four-step” approach to rights protection

1. Internal complaints and negotiations:

Platform/company internal channels: First try to resolve the problem through complaints or communication channels within the platform app or to the management of the site/company to which it belongs. This is the most direct and cheapest way. Be sure to keep records of grievances and communications.

Direct negotiation: Communicate face-to-face or in writing with the person in charge of the company, and clearly express the demands and basis.

Seeking mediation: You can apply for mediation to the local labor dispute mediation committee, a mediation organization established by an industry association, or the People's Mediation Committee. Agreements reached through mediation are legally binding.

2. Labor arbitration:

Applicable premise: Mainly applicable to disputes claiming the existence of labor relations, such as confirmation of labor relations, recovery of labor remuneration, overtime pay, economic compensation, work-related injury benefits, etc.

Application institution: Apply to the labor dispute arbitration committee of the place where the labor contract is performed or the employer (place of industrial and commercial registration).

Limitation of application: The limitation period for applying for arbitration in labor disputes is one year, calculated from the date when the parties know or should know that their rights have been infringed.

Application materials (mainly included):

(1) "Arbitration Application" (need to state the basic information of the applicant and the respondent, arbitration request, facts and reasons).

(2) Copy of applicant’s identity certificate.

(3) Evidence materials that can prove the labor relationship (or de facto labor relationship).

(4) Evidence materials related to the arbitration request.

(5) If the respondent is an entity, its industrial and commercial registration information must be provided (can be queried from the National Enterprise Credit Information Publicity System).

Process: Submit the application -> Review by the Arbitration Committee (deciding whether to accept the application within 5 days) -> Form an arbitral tribunal after acceptance -> Hold a hearing -> Make an award. There is no fee for labor arbitration.

3. Court proceedings:

Dissatisfaction with the arbitration award: After receiving the labor arbitration award, if you are dissatisfied with the result, you can file a lawsuit with the People's Court within 15 days.

Not within the scope of accepting labor disputes: If the dispute is determined not to be a labor dispute (for example, it is determined to be a purely civil contract dispute), it may be necessary to file a civil lawsuit directly with the People's Court.

The litigation procedure is relatively complex and time-consuming, so it is recommended to proceed under the guidance of a professional lawyer.

4. Administrative complaints/reports:

If an employer violates labor and social security laws and regulations (such as wage arrears, non-payment of social security, etc.), it can file a complaint with the local labor and social security supervision department.

If the platform infringes on consumer rights or unfair competition, you can complain and report it to the market supervision and management department.

3. Channels for seeking legal help

1. Trade union organizations: Trade union organizations at all levels usually have legal aid or rights protection service departments, which can provide employees (including eligible workers with new employment forms) with legal consultation, participation in mediation, agency arbitration and litigation and other services. You can pay attention to the information of the local federation of trade unions or industry unions.

2. Legal aid agencies: Legal aid centers established by the government provide free legal consultation, agency and other services to citizens with financial difficulties or who meet certain conditions.

National unified legal service hotline: 12348. Some areas may have special rights protection seats for migrant workers or workers with new employment forms in this hotline.

3. All-China Federation of Trade Unions employee service hotline: 12351.

4. Law firm: Professional lawyers can be hired to provide legal services, but lawyer fees are usually required.

Due to the complexity and ambiguity of the employment relationship of food delivery riders, traditional labor dispute resolution mechanisms (such as labor arbitration) often have high barriers to entry for them. Riders often face the arduous task of proving “I have an employment relationship with him” at the first step of arbitration or litigation, while platforms and outsourcing companies will use carefully designed contract terms and employment models to deny this. Therefore, the collection of evidence emphasized above, especially evidence that can prove management subordination, is particularly important. Many riders give up on defending their rights because they don’t understand the legal options, are worried about retaliation, or feel that the cost of defending their rights is too high. In response to this current situation, the government, trade unions and legal service agencies are working hard to provide workers with new employment forms with more convenient and targeted legal support, such as opening online legal service platforms and setting up special rights protection hotlines, in order to lower the threshold for rights protection and improve the effectiveness of rights protection.

Table 7: Rights protection “toolbox”: Who should I ask for help?

Appendix: Legal Tips and Help Resources for Riders

1. Legal tips for riders (“Ten things you can do” and “Ten things you can’t do”)

(1) "Ten things you can do":

It can be: Before joining the company, be sure to carefully read and understand the terms of all contracts and agreements, especially those regarding the nature of employment, wages, rewards and punishments, and insurance.

Can: Properly keep copies of all work-related written documents and electronic records, such as contracts, payslips, App screenshots, important notices, etc.

It can be: clearly record your working hours, delivery order volume, income details and any deductions.

What you can do: Strictly abide by traffic laws, put personal safety first, and do not take risks to gain time.

What you can do: Be familiar with and make good use of the platform's internal complaint channels, and promptly raise objections to unreasonable penalties or evaluations.

Canwei: Strictly protect customer personal information, use it only for delivery purposes, and never leak or abuse it.

It can be: After a traffic accident or work injury, call the police and seek medical treatment as soon as possible, and report to the company/platform and insurance company in a timely manner.

What you can do: When communicating with the company/platform on rights issues, stay calm and rational, and base yourself on facts and evidence.

What you can do: Understand basic knowledge of labor laws and regulations, and pay attention to policy trends related to new employment forms.

What you can do: When your own rights and interests are infringed and cannot be solved internally, be brave enough to seek external legal help.

(2) "Ten Don'ts":

What not to do: Sign blindly without reading the contract carefully, or trust verbal promises.

What not to do: Discard or fail to save important work documents and communication records.

What not to do: Be confused about your own work data (such as duration, order volume, income) and fail to check it.

What not to do: running red lights, driving in the wrong direction, or speeding in the pursuit of speed, leaving safety behind.

Don’t: Suffering from injustice and not understanding or using your right to appeal.

Don't: Disclose the customer's phone number, address and other information to others at will, or use it for purposes other than delivery.

Don’t: Delay reporting or failing to collect evidence at the scene after an accident or injury.

What not to do: Take extreme or irrational behavior in rights protection communication to complicate the problem.

Don’t: Think that since you are not a “regular worker” you have no rights at all.

What not to do: Give up legitimate legal rights protection channels out of fear of trouble or fear of retaliation.

2. Brief explanation of commonly used legal terms

Labor relationship: refers to the relationship of rights and obligations arising from the employer recruiting workers as its members and the workers providing paid labor under the management of the employer. Subject to adjustments by the Labor Law, the Labor Contract Law, etc.

Individual industrial and commercial households: refers to natural persons who have been registered in accordance with the law to engage in industrial and commercial operations and can start a trade name, but the legal nature is still a "special civil subject" rather than an enterprise. Registration matters include operator information, business scope, etc.

Contracting relationship: refers to a civil contract relationship in which the contractor completes the work according to the client's requirements, delivers the work results, and the client pays remuneration. Both parties have equal status, and the contractor has greater autonomy over the work process.

Labor arbitration: refers to the activity in which the labor dispute arbitration committee hears labor dispute cases and makes rulings in accordance with the law based on the application of the parties. It is a preliminary procedure for resolving labor disputes (in most cases).

Statutory holidays: refers to the rest time uniformly stipulated by national laws for commemoration and celebration activities, such as New Year's Day, Spring Festival, Qingming Festival, Labor Day, Dragon Boat Festival, Mid-Autumn Festival, and National Day.

Personal information: refers to various information related to identified or identifiable natural persons recorded electronically or by other means, excluding anonymized information.

the Personal Information Protection Law of the People's Republic of China: my country’s law that specifically regulates personal information processing activities and protects personal information rights and interests.

3. National and some local help hotlines and institutions (for reference, please refer to the latest local announcement for details)

National unified legal service hotline: 12348

All-China Federation of Trade Unions employee service (rights protection) hotline: 12351

Local labor and social security supervision departments: Responsible for accepting reports and complaints on violations of labor and social security laws and regulations. Specific contact information can be found on the official website of the local Human Resources and Social Security Bureau.

Local labor and personnel dispute arbitration committees: Responsible for accepting arbitration applications for labor dispute cases. Specific contact information can be found on the official website of the local Human Resources and Social Security Bureau.

Legal aid centers in various places: Provide free legal services to qualified people in need. You can call the 12348 hotline for consultation or check the official website of the local Justice Bureau.

Local trade union organizations: You can seek help from the trade unions in your region or industry.

Conclusion

The work of food delivery riders is full of challenges, but it also carries the vitality of the city's operation. This brochure aims to provide you with a basic legal guide to help you better understand and protect your rights while working hard. Legal knowledge is a powerful tool to protect yourself. I hope this "Legal Tips" can accompany you to complete every delivery safely and smoothly, so that your hard work will receive the respect and protection it deserves. When you have a legal problem, remember that you are not alone and there are many ways to seek professional help and support.

Disclaimer: The contents of this brochure are only for legal promotion and general legal knowledge introduction, and do not constitute legal opinions or suggestions for any specific case. If you encounter specific legal issues, please consult a professional lawyer or relevant legal service agency in a timely manner. Relevant laws, regulations and policies may change, please refer to the latest regulations.