did not sign a labor contract and filed a lawsuit for the existence of a de facto labor relationship was supported
Ruichang Court Network News Recently, the Ruichang Municipal People's Court heard a case of confirming labor relations disputes. 's first-instance judgment confirmed that the plaintiff Liao Moumou and the defendant Ruichang Wood Industry Company had a de facto labor relationship since May 11, 2018.
It is reported that on May 11, 2018, Liao worked in a wood company in the defendant Ruichang and was engaged in board pickup work at the No. 5 saw table. The salary of is calculated based on the board pickup volume, and the two parties did not sign a labor contract. html At noon on June 20, Liao Moumou was injured while driving home. On August 5, a wood company in Ruichang paid Liao Moumou a salary of 7,677 yuan. Liao Moumou believes that there is a de facto labor relationship with the company. In June 2019, applied for arbitration to the Ruichang City Labor and Personnel Dispute Arbitration Committee, but the arbitration committee ruled that no de facto labor relationship was established. Liao was dissatisfied and sued the court, demanding confirmation of the factual labor relationship.
The defendant Ruichang wood company believes that there is no labor relationship between and the plaintiff, but only a temporary employment relationship, and requests the court to uphold the arbitration award of the labor arbitration department.
After trial, the court held that the focus of the dispute in this case was whether the labor relationship was established between the plaintiff and the defendant or the labor relationship . According to the relevant provisions of the Ministry of Labor and Social Security, if the parties have disputes over whether there is a labor relationship and have not signed a written labor contract, the three aspects stipulated in this article should be investigated.
Based on this case, first, the plaintiff Liao Moumou and the defendant Ruichang Wood Industry Company have the subject qualifications stipulated in the Labor Law. Second, there is a management and management relationship between the plaintiff Liao and the defendant Ruichang wood company. The plaintiff's daily work mainly involves the board connection work. The board connection of the saw table No. 5 is arranged by the defendant. The defendant sent personnel to count the board connection of the saw table every day, and based on the statistical situation, a workshop production daily report is produced to settle the plaintiff's labor remuneration. There is a relationship between management and management between the two parties. Third, the plaintiff's work on sawing table coupling is the main business component of the defendant and also a core business component. Therefore, the court held that a de facto labor relationship had been formed between the plaintiff Liao and the defendant Ruichang Wood Industry Company, so it made the above judgment in accordance with the law. After the verdict was announced by
, the defendant Ruichang wood company was dissatisfied with the first-instance judgment and filed an appeal. After trial, Jiujiang Intermediate People's Court ruled to reject the appeal and uphold the original judgment. The first-instance judgment has now taken legal effect.
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