There Are Many Similarities Between Labor Contracts And Labor Contracts.

A number of Zhuzhou workers working in a areca factory in Hunan seek help from the legal aid lawyer Tang Wen Juan of the Zhuzhou Federation of trade union workers' help center. They hope that Tang lawyer can use the weapons of the law to recover the economic compensation paid by areca factory to terminate the labor contract.

[case replay] in 2014, Qiang Qiang (a pseudonym) went to work in areca factory with several townships, and signed a contract with areca factory. The contract expired at the end of 2018.

But soon after the Spring Festival this year, Qiang and the villagers were told that they would not have to go to work again.

No reason to be relieved of the strong labor relations and fellow townsmen found areca plant human resources leader, demanded economic compensation.

Jean Jon Jon Don, who is the leader of human resources, was foolish when he signed the contract. It turned out that it was not a labor contract but a labor contract that was signed by areca and the villagers.

The person in charge of human resources of the factory, on the grounds of signing labor contracts, said that it was lawful to terminate labor relations in advance, and refused to pay the economic compensation for the strong and the townsmen.

[case analysis] "compared with labor contracts, labor contracts are much less regulated."

Tang Wenjuan lawyers explained that in view of the existence of enterprises, the labor and personnel disputes arbitration court ruled that similar labor disputes would not be ruled according to written contracts, but determined labor relations according to the actual labor situation, and then ruled.

As far as this case is concerned, the contract signed by Qiang Qiang and fellow townsmen and areca plant, in writing, seems to be a labor contract, but in essence, it should be a labor contract.

Controversy one: is the relationship between Qiang and the areca and his hometown equal or administrative?

There is only property relationship between the two parties in the labor contract, that is, the economic relationship, which is not attributable to each other, there is no administrative affiliation, workers provide labor services, employers pay labor remuneration, independent and equal status.

There are not only property relations, economic relations, but also personal relationships, namely administrative affiliation, between the two sides of the labor contract.

In addition to providing labor, laborers should also accept the management of the employing units, obey their arrangements, abide by their rules and regulations, and become the internal employees of the employing units.

In this case, Qiang Qiang and fellow townsmen obey the regulations of personnel management of areca plant, punch card system for commuting, and live in dormitories, and work overtime according to company requirements.

The time, place, and mode of work are the arrangements of the areca factory. The laborers do not have the free and free way of labor. This proves that the two are administrative.

The two sides actually implement the labor contract.

In order to protect workers, the labor law has imposed many obligations on employers, such as the payment of old-age insurance, medical insurance, unemployment insurance, work-related injury insurance, maternity insurance, and the payment of wages by the employer to the local minimum wage stipulated by the government.

Employers of labor contracts generally do not have such obligations.

Qiang Qiang and fellow townsman areca factory during the areca factory issued

Labor remuneration is paid according to the quantity and quality of labor and the relevant regulations of the state. During the working period, the factory also purchased old-age insurance, unemployment insurance and medical insurance for employees.

Dispute three: is the labor contract applicable to the strong and the townsfolk?

Generally speaking, the three categories of persons who are entitled to enjoy pension benefits according to law, those who have already received pensions and those who have reached the statutory retirement age are no longer workers in the sense of labor law, that is, they do not have the qualification of workers in the sense of labor law.

The strong and the townsfolk do not belong to these three categories of personnel, have the main qualification of laborers in the sense of labor law, and they have administrative affiliation with areca factory. Areca factories buy three risks for them and pay labor remuneration according to regulations. All these indicate that there is actually labor relationship between the strong and the old farmers and the areca factory.

"Workers must shine their eyes before signing a contract."

Tang Wenjuan said that labor contracts and labor contracts are all contracts based on human labor. There are many similarities, which are two kinds of contracts which are easily confused. Workers must distinguish clearly before signing contracts, which is more conducive to safeguarding their own labor rights and interests.

The labor arbitration court of Zhuzhou will choose the ruling.