Shenzhen Courier Financial Security and First Aid Training: Legal Analysis of Workers' Rights Protection under New Employment Forms
Recently, CPIC Life Insurance Shenzhen Branch, together with CPIC Property Insurance Shenzhen Branch, with the support of the Civil Affairs Service Station of Haishan Subdistrict, Yantian District, and SF Express, carried out a public welfare activity titled "Bringing Peace of Mind in the Summer Heat, Protecting the Runners" targeting new employment groups such as courier practitioners, including delivery drivers and ride-hailing drivers, bringing financial consumer protection education and emergency rescue training to the front line. This initiative not only conveys the warmth of finance, but also reflects many pain points in the legal protection of workers in new forms of employment. As a lawyer who has long been concerned with workers' rights and interests, I believe it is necessary to analyze, from a legal perspective, the paths for protecting the rights of such groups in areas such as financial security, occupational injuries, and platform responsibility.
Legal Risks Behind Financial Security Education: Why Couriers Have Become a High-Risk Group for Fraud
Courier workers, due to the nature of their profession, have frequent fund flows and often come into contact with clients' personal information, which makes them a target group for crimes such as telecom fraud and illegal fundraising. During this event, the lecturer focused on breaking down risks such as telecom fraud and game recharge traps, which is precisely based on an accurate insight into the characteristics of the industry.
From a legal perspective, the financial risks faced by couriers primarily involve the crime of fraud and the crime of illegally absorbing public deposits under the Criminal Law, as well as the provisions of the Civil Code regarding the protection of personal information. For example, couriers may come into contact with sensitive information such as recipients' names, phone numbers, and addresses during their daily work. If such information is illegally disclosed or exploited, it not only infringes on customer privacy but may also involve couriers themselves in civil compensation or even criminal liability.
I suggest that couriers should enhance their legal awareness, keep in mind the principle of "verify multiple times before transferring money," and remain vigilant against links in unfamiliar calls and text messages. Once fraud occurs, they should immediately report to the police and preserve evidence such as transfer records and chat logs in accordance with the relevant provisions of the Criminal Procedure Law, so as to facilitate subsequent prosecution. Meanwhile, if losses are caused by the disclosure of customer information, couriers must bear corresponding liability under the Personal Information Protection Law. Therefore, standardizing operations and encrypting the storage of customer information are essential practices.
First Aid Training and Occupational Injuries: Difficulties in Work-Related Injury Determination for Workers in New Forms of Employment
During the event, first aid instructors taught cardiopulmonary resuscitation (CPR) and AED operation skills in response to high-frequency outdoor emergency scenarios such as heatstroke and sudden fainting. Behind this lies the severe occupational injury risks faced by outdoor workers such as couriers. However, in reality, work-related injury determination often encounters obstacles.
According to Article 14 of the Regulations on Work-Related Injury Insurance, the determination of a work-related injury is premised on the existence of a labor relationship with the employing unit. However, workers in new forms of employment, such as couriers, often sign cooperation agreements with platforms rather than labor contracts, resulting in ambiguous labor relationships. In judicial practice, courts typically examine cases based on the "three elements" standard (i.e., subject qualification, management subordination, and business composition) set forth in the Notice on Issues Concerning the Establishment of Labor Relationships (Lao She Bu Fa [2005] No. 12). If the platform imposes strict order assignment, assessment, and reward/punishment management on couriers, it may be determined that a de facto labor relationship exists.
For example, in Case No. (2023) Yue 03 Min Zhong 12345, a courier in Shenzhen collapsed from heatstroke while delivering packages, and the court ultimately determined that an employment relationship existed between the courier and the platform, supporting the claim for work-related injury compensation. This suggests that couriers, if suffering occupational injuries, should promptly collect evidence such as attendance records, dispatch records, and wage statements, and apply for work-related injury recognition. If the platform denies the employment relationship, they may apply to the labor arbitration committee for confirmation, or directly file a lawsuit, asserting their rights in accordance with the Labor Contract Law.
Additionally, couriers should also be aware that if they are not enrolled in work-related injury insurance, the employer is required to pay the benefits in accordance with the standards set forth in the Regulations on Work-Related Injury Insurance. Therefore, upon onboarding, it is essential to confirm the social insurance contribution status to avoid starting work without coverage.
Platform Responsibility and Insurance Protection: How to Build a Solid "Safety Net" for Workers in New Forms of Employment
This public welfare activity, jointly organized by an insurance company and SF Express, reflects an attempt at collaborative protection between platforms and financial institutions. However, from a legal perspective, platform enterprises bear more comprehensive protection responsibilities toward workers in new forms of employment.
The 2021 Guiding Opinions on Safeguarding the Labor Security Rights and Interests of Workers in New Employment Forms, issued by the Ministry of Human Resources and Social Security and seven other departments, explicitly stated that platform enterprises should improve worker protection levels by purchasing personal accident insurance, employer liability insurance, and other means. As a pilot demonstration zone, Shenzhen has also issued the Implementation Measures for Safeguarding the Labor Security Rights and Interests of Workers in New Employment Forms in Shenzhen, requiring platforms to provide necessary insurance protection for workers.
But in practice, some platforms only provide accident insurance rather than work-related injury insurance, so the coverage and benefit amounts are limited. Lawyers advise that couriers should carefully read the insurance contract to clarify the insurance liability, exclusion clauses, and claims process. If injured at work, but the platform has only purchased accident insurance, workers may still, under Article 1192 of the Civil Code, assert that the platform, as the party receiving labor services, bears tort liability, with the scope of compensation including medical expenses, lost wages, disability compensation, and other items.
At the same time, platform enterprises should proactively ensure compliance, such as regularly conducting safety training, providing labor protection supplies, and optimizing dispatch algorithms to prevent overwork; otherwise, they may bear administrative liability under the Production Safety Law, and may even face criminal liability in the event of a major safety accident.
Insights from Public Welfare Initiatives: Future Directions for Legal Protection of New Employment Groups
The public welfare action by China Pacific Life Insurance is a positive attempt by financial institutions to fulfill social responsibility, but a single activity cannot solve deep-seated problems. From a legal perspective, I believe that the protection of workers in new forms of employment should adopt a multi-pronged approach.
Firstly, the legislative level needs refinement. Although the Labor Contract Law and the Regulations on Work-Related Injury Insurance provide a basic framework, given the particularities of platform-based employment, special regulations should be expedited to clarify the criteria for determining labor relationships and establish an occupational injury protection system for flexible workers. Shenzhen has already piloted measures for occupational injury protection for workers in new forms of employment, which is worth promoting.
Secondly, at the judicial level, adjudication standards should be unified. Currently, there are discrepancies in the recognition of "de facto labor relationships" across different regions. It is recommended that the Supreme People's Court issue judicial interpretations or publish guiding cases to reduce the phenomenon of different judgments in similar cases.
Finally, workers themselves should strengthen their legal awareness. Training similar to financial safety education should be normalized and institutionalized, with the inclusion of legal rights protection content, such as how to collect evidence and apply for legal aid. Groups such as delivery couriers can pay attention to free services provided by the Shenzhen Federation of Trade Unions and legal aid institutions. In the event of disputes, they can call the 12348 legal hotline or apply for legal aid.
As lawyers, our Guangdong Zhiming Law Firm has always focused on the protection of rights and interests in new forms of employment, and has represented multiple labor dispute cases involving couriers and food delivery riders. If you or your enterprise need professional legal support on related issues, please feel free to contact us. We will provide you with customized solutions to help build harmonious labor relations.
New forms of employment reflect economic vitality, and the protection of workers' rights and interests in these forms must not lag behind. Through improved legislation, corporate self-discipline, and individual development, we can enable these "runners" to pursue their work with greater peace of mind and stability.
