Can Special "Labor And Capital" Belong To Labor Relations?

In actual work, there are still some misunderstandings about how to identify labor relations.

For example, can part-time students form labor relations with working units? Can domestic workers and employers form labor relations?

For this reason, the judges of the Haidian court talk about the "labor relations" which are like "yes" and "no" in the workplace.

Xiao Li is a postgraduate student (full-time, in reading). During his study, Xiao Li has been a part-time Chinese teacher in an educational training institution.

After the dispute between the two sides, Xiao Li initiated labor arbitration and litigation on the basis of education and training institutions and did not sign a written labor contract with him. He asked the education and training institutions to pay two times the salary compensation for the labor contracts that had not been signed.

However, the "labor relations" advocated by Xiao Li have not been accepted by the arbitration institutions and the people's courts, and two times the wages of labor contracts have not been supported.

Laborers, that is, within the scope of statutory employment age.

Ability and labor capacity, can independently enjoy labor rights, performance

A natural person who accepts labor management, provides labor for the employer and obtains remuneration from the employer.

As we all know, the law forbids employers to recruit minors under 16 years of age. Is it true that citizens who are over 16 years old must have legal "laborers" qualifications? The answer is No.

In this case, although Xiao Li is over 16 years old, he meets the age requirement for establishing labor relations. But Xiao Li has the status of "student at school" while he is a Chinese teacher in education and training institutions, and his work activities are part of his part-time job.

Therefore, students who work part-time outside the school, complete social practice arranged by the school, and engage in social activities on their own can not be regarded as labor relations.

Liu introduced a 3 year agreement with a Logistics Department of a state-owned enterprise.

The two sides agreed that Liu had contracted the work of road cleaning and garbage disposal of the family members' Hospital of the enterprise; the cost was calculated on an annual basis and 25% of the total annual fee paid in advance per quarter; Liu arranged his own working hours and equipped vehicles and tools on his own, but he needed to keep his family's hospital clean and tidy in time according to the requirements of the enterprise.

3 years later, the company did not renew the agreement with Liu.

Liu cited labor arbitration and litigation, advocating labor relations between the two sides, and demanded that enterprises pay the economic compensation for the termination of labor contracts, but they did not receive support because they did not constitute labor relations.

According to "

In the labor relations, employers need to provide labor protection, labor conditions and occupational hazards protection to workers, pay labor remuneration to workers in full and in time, and workers must abide by the rules and regulations of the employing units to accept their personnel and attendance management.

In contrast, in the contractual relationship between equal subjects, the two parties can negotiate and agree on their rights and obligations, and there is no relationship between management and management.

In this case, the agreement signed between the two parties has not been clearly defined as "labor contract" or "contract agreement" on the name. However, from the contents agreed by the two sides agreement, the two sides confirm that the fees are calculated annually, Liu himself arranges working hours, and equipped with vehicles and tools. Liu's main obligation is to ensure clean environment and timely garbage disposal.

Liu is in a flexible and independent state when he carries out the specific "cleaning work", and is not subject to enterprise management.

Obviously, the legal relationship between the two parties is not labor relations, but is closer to the contractual relationship stipulated in the fifteenth chapter of the contract law, that is, the contractor completes his main work with his own equipment, technology and labor according to the requirements of the ordering party, delivers the fruits of his work, and decides the contractual relationship paid by the contractor.

Therefore, according to the labor law and the labor contract law, Liu's claim that the economic compensation for the termination of the labor contract has not been renewed can not be legally supported.