Only signed a labor agreement, distribution is the company’s “people”?

2022-07-06 0 By

Deng mou signed a labor service agreement with an e-commerce co., Ltd. on March 25, 2020. The service period is from March 25, 2020 to March 24, 2021.Payment is on a piece basis.The agreement also agreed, during the provision of labor, Deng should comply with the rules and regulations, to meet the requirements and standards of the company;If deng is unable to provide labor services within the term of the agreement, he shall fulfill the procedures for asking for leave 3 working days in advance, otherwise he shall be regarded as absenteeism.Deng mou entry, by the company’s local distribution station stationmaster responsible for management.According to the schedule, delivery workers are divided into morning shift, middle shift, night shift, emergency team and part-time. Deng was assigned to night shift.At 11 PM on October 4, 2020, Deng fell in the process of distribution accident.To identify inductrial injury, Deng mou applies for labor dispute arbitration, the requirement affirms the existence of labor relations between him and electronic commerce limited company.Electronic commerce LTD argued that the two parties were engaged in a labor relationship rather than a labor relationship.Arbitration commission confirmed the existence of labor relations between the two parties.Case analysis in this case, although deng a sign the service agreement with the electronic commerce co., LTD., is on the surface of both sides to establish labor relations rather than the labor relationship, but in the actual labor, electronic commerce co., LTD is a deng made a detailed job scheduling plan, requires a deng accept the rules and regulations of the constraints and accept company managers direct management,It should be considered that both parties have formed a relatively close personal subordination relationship.Combined with deng mou engaged in the work of the company’s main business, the arbitration commission finally identified deng mou and e-commerce Co., Ltd. there is labor relationship.Source: China labor security newspaper, network enterprise compliance to find zhongyuan manpower!Private letter public number details flexible employment, single injury, labor outsourcing, labor dispatch, social security agent, natural person open cooperation, artificial customer service to provide you with 24 hours online service!