Is Re: a labor relationship with a taxi company? Ji'nan middle court: not belong to
in this case, although there is no labor relationship between the two parties signed between Chen and the taxi company, there is no labor relationship between the two parties, but from the monthly receipt of the taxi company, it is actually a management fee. When Chen and taxi companies were identified as labor relations, they supported Chen's legal appeals. After the case was sentenced, the company refused to accept the appeal to the Ji'nan intermediate people's court, demanded the court to revoke the first instance decision, and the two party did not have any labor relations. Ji'nan intermediate people's court believes that the main dispute between the two sides is whether there is labor relationship between taxi companies and Chen. The main legal characteristics of the labor relations are as follows: the dependence between the workers and the employers, the dependence on the economy, the identity, the unequal nature on the subject and the labor provided by the workers are professional. In this case, the contract signed between the taxi company and Chen is the real intention of both parties. The content is legal and effective. The two sides perform their obligations according to the contract. They are equal subjects of civil law, and do not establish the dependency of personality, economy and identity. Chen said it was under the unified management of taxi companies, including business training, system learning and assessment. In this regard, the exercise of these rights by taxi companies is based on contracts signed by both parties, not based on the internal rules and regulations of the company. Chen did not submit evidence that it was managed by the internal rules and regulations of the taxi company. The labor was not a part of the taxi company's business, nor had it submitted evidence to prove that the taxi company had paid the remuneration for it. Therefore, there is no agreement between Chen and taxi companies to establish labor relations, nor do they have the legal characteristics of labor relations. The court of first instance ruled that labor relations between Chen and taxi companies were not properly identified, and the second instance was corrected according to law. The two party did not have labor relations.
judge release: the Ministry of labor and social security of the Ministry of labor and social security, "notifications concerning the establishment of related matters of labor relations" (No. 12 of the Department of labour [2005]) stipulates that the employer has not entered into a written labor contract by the employer, but at the same time the labor relations are established as follows:
(1) employers and labour The actor is in accordance with the subject qualification stipulated in laws and regulations;
(two) the various labor rules and regulations formulated by the employer in accordance with the law are applicable to the labor management of the laborers, the laborers' employers, and the remunerated labor arranged by the employers; the labor provided by the workers in
) (three) is the composition of the employer's business Part銆� Lightning reporter Zhang Shuai correspondent Zhang Jie reports from Ji'nan