Is the company indemnified in case of a delivery driver accident? … Correction of unfair contract for delivery service

Even if a safety accident occurs during delivery, an unfair contract that prevents the company from claiming any civil or criminal liability is corrected.

The Fair Trade Commission (FTC) is a provider of delivery agency services (Elegant Youth, Delivery Hero Korea, Coupang) and a representative group of delivery drivers (Rider Union, Korea Federation of Trade Unions Service Federation, Baemin Riders Branch) to improve the unfair contract between the company and the delivery driver. It was announced on the 20th that it has prepared.

Delivery agency service providers plan to revise this by the end of March.

The type of non-public contract between the delivery agency platform operator and the delivery driver that the FTC has corrected is ▲ a liability clause that is unfavorable to one side of the delivery driver ▲ a clause that enables a unilateral disadvantage to the delivery driver ▲ the business conditions of the delivery driver are arbitrarily changed by the operator There is one provision to help.

Delivery agency service providers had a provision that the delivery driver had to cooperate in canceling an order for alcoholic beverages when it was not confirmed that they were adults, and that if there was a legal problem with the company in violation of this, the delivery driver should indemnify the company at his own expense.

The FTC removed the provision that riders should indemnify the operator.

In the event of a safety accident during delivery, the provision that the rider does not claim any responsibility from the company was also removed.

In addition, according to the existing contract, the contract could be terminated according to the unilateral judgment of the operator. If the rider determined that the contract had violated the contract obligation, the contract was terminated in advance and the rider’s opinion was heard.

The basic delivery fee received by the delivery driver was to be specified in the contract, and the provision that the operator did not have to pay the delivery fee was also deleted if the delivery was made by a minor.

In addition, the provisions that allow the delivery driver to take unilateral penalties and the provisions that allow the operator to arbitrarily change the delivery driver’s business conditions were amended.

In October last year, the delivery service industry and the labor community agreed to prepare a standard contract for the delivery agency field.

The Fair Trade Commission said, “The integrated delivery agency platform operators have checked for unfair provisions in the contracts directly signed with the delivery driver, and the operators have corrected the provisions autonomously.”

The FTC estimated that the number of delivery drivers affected by the self-correction of contracts will be 6,000 based on Baemin Riders and Yogiyo Express, which have many full-time workers.

Baemin Connector and Coupang Itz have a lot of part-time riders, and the company’s delivery drivers also benefit from the same.

There are two main types of contracts for delivery drivers. This is a case of working at a local delivery agency that has signed a contract with Baemin Riders, an agency service operated by the delivery agency, or contracted with a delivery agency platform.

As expected, the FTC has decided to induce the distribution of standard contracts by checking contracts between delivery agency platform operators such as Barogo and Vureung and local delivery agencies, and between local delivery agencies and delivery engineers.

In order to emphasize the digital fair economy, the chairman of the Fair Trade Commission Cho Sung-wook also decided to visit the office building of the elegant brothers who run the People of Delivery on the 22nd with representatives of young people and consumers.

Lee Dong-won, head of market surveillance at the Fair Trade Commission, said, “Through this self-correction plan, it is expected that unfair contract practices in the delivery agency industry will be improved and the rights and interests of delivery drivers will be guaranteed.”

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