Is it a labor relationship between the driver and the taxi company? Ji'nan middle court: not belong to
origin: Qilu
Lao She's novel "camel Xiangzi", there is a fragment, talking about a period of time Ricker Xiangzi by leasing Liu Si The car rickshaw of the bus company comes to earn the living expenses and chat to survive. In the real rental industry, there seems to be a similar form of operation: some drivers operate by hiring a taxi company's car. The car company rents the car to the driver, unify the driver for business training; the training period expires, the driver holds the certificate, and pays a certain amount of management fee to the taxi company every month. Is this contractual relationship between drivers and taxi companies a labor relationship? Recently, the Ji'nan middle court concluded a labor dispute case in accordance with the law. It believed that the two sides had not formed the agreement of establishing labor relations and did not have the legal characteristics of labor relations. The court held the judgment of "the labor relations of the two parties" by the court of first instance to correct it according to law.
2009 November, September 2010, Chen and a taxi company signed two taxi operation contract contract, the contract agreed that a contract firms taxi engaged in rental operation service, lease term to November 2015. The contract expressly stipulate the rights and obligations of both parties. Chen has only the right to use vehicles in the lease term, and the property rights of the vehicle belong to the car company.
in the daily operation, Chen should also unconditionally carry out the coordinated operation tasks issued by the company and bear its own profit and loss. It should also bear all the expenses arising from annual examination, insurance and so on. The company timely organized the lessee to concentrate on study and training, and provided the lessee with effective operational documents, and carried out certain business assessment and rewards and punishments every year. In addition, the contract clearly states that the two party is the lease relationship rather than the labor relationship. After signing the contract, both parties fulfill their respective obligations according to the contract. During the performance of the contract, the taxi company issued the service supervision card to Chen, which contained the basic information and company name, supervision telephone and so on.
2017 September, Chen, in order to prove that he had labor relations with the company, applied to the local labor and personnel dispute arbitration commission of Pingyin County, and asked for a labor relationship with the applicant's taxi company. In that month, the Arbitration Commission rejected Chen's petition on the ground that it did not meet the scope of mediation and arbitration.
Chen refused to accept and prosecuted the people's Court of Pingyin County of Ji'nan at the end of September. The court of first instance thinks that Chen and the taxi company seem to be contracted management relations rather than labor relations, but the relationship is subordinate to the internal management relation of labor contract. First of all, taxi drivers have certain attributes in personality compared with taxi companies. The taxi company has to conduct education and training on traffic regulations, safety education, service quality and so on. The driver must abide by the regulations formulated by the taxi company.