Labor Law Case Analysis

Case 1: Zhang and other six people are teachers at a middle school in a county. They have been teaching in the middle school since 1981. They have not signed a labor contract with the school and have not been transferred to a formal establishment. In February 1999, in order to reduce financial pressure, the county government issued the "Notice on Temporary Employment of Dismissed Government Institutions and Institutions". Based on this notice, a middle school fired Zhang and six other people. Zhang and other 6 people believed that they had been teaching for many years and that a middle school should pay financial compensation to the 6 people in accordance with the labor law when they were dismissed. They also believed that the 6 people had taught as private teachers for many years and the wages given by a middle school were lower than the local minimum wage standard. To make up for the portion below the minimum wage, a complaint was filed with the County Labor Dispute Arbitration Committee, requesting a ruling that the middle school pay economic compensation to the six people and make up for the portion of labor remuneration that was below the minimum wage over the years. Question: Does the relationship between Zhang, etc. 6 people and a certain middle school fall within the scope of application of the Labor Law? Answer points: The relationship between Zhang, 6 others, and a certain middle school should not fall within the scope of application of the Labor Law. Because the middle school where one of the parties in this case, Zhang and six other people, belongs to a business organization stipulated in the Labor Law, according to the provisions of Article 2, Paragraph 2, of the Labor Law, state agencies, public institutions, social groups and those who have established labor contract relationships with them workers, in accordance with this law. There is no labor contract signed between Zhang and other 6 people and a middle school, so the provisions of my country's Labor Law do not apply to their salary and other relationships. Case 2: Long is a self-employed person engaged in cargo transportation business in a certain city. He employs three people to work for him on a long-term basis and pays social insurance premiums for the three people. In November 1999, Long took over a business of transporting cement telephone poles. After the transportation started on November 12, Long thought that the three people could not complete the scheduled transportation task. One of his employees, Zhang, introduced his neighbor Zhong to participate in the transportation. Long agreed and agreed with Zhong that after completing the transportation task That is to say, Zhong will no longer be employed, and the fee will be paid to Zhong in one lump sum. During the process of unloading the truck, Zhong was accidentally crushed to death by a cement telephone pole. On January 9, 2000, Zhong’s family applied to a certain city’s Labor Bureau, requesting that Zhong’s death be determined as a work-related accident. Question: Is the relationship between Long and Zhong a service relationship or a labor relationship? Answer key: The relationship between Long and Zhong is a service relationship, not a labor relationship. Zhong is not a member of Long's individual economic organization, and does not accept Long's management at ordinary times. The remuneration method agreed by both parties is also a one-time payment, which is different from the continuous payment of salary and remuneration relationship. If Zhong died while providing labor services to Long, it should be handled in accordance with the General Principles of Civil Law, that is, as a civil dispute. Case 3: In March 2001, in order to cooperate with the Beijing University Games, a certain academy of sciences decided to rectify the environment in the academy. Several buildings in the academy needed to be demolished. The institute signed a contract with a labor service company, and the labor service company was responsible for organizing personnel. For demolition, the institute paid the labor service company 100,000 yuan for labor costs. A labor service company hired five workers and signed labor contracts. During the process of demolishing the house, worker Sun accidentally fell from the roof and was injured. He required hospitalization. The hospital required a hospitalization deposit of 10,000 yuan, and the institute paid it in advance. Neither the labor service company nor the research institute agreed to pay Sun’s medical expenses during her hospitalization and the expenses for continued treatment. The labor service company told Sun that you were injured while demolishing a house for the institute, and the institute should pay your medical expenses. The worker filed an arbitration application with the Labor Dispute Arbitration Committee with the institute as the defendant, requesting that the incident be recognized as a work-related injury and enjoy work-related injury benefits. Question: Is there any labor legal relationship between Sun and the institute? Key points of the answer: There is no labor legal relationship between Sun and the institute. Labor legal relations refer to the rights and obligations relationship formed between workers and employers in the process of working in accordance with labor legal regulations. Both parties in the labor legal relationship have the characteristics of equality and subordination, that is, the worker should become a member of the employer, there is a subordinate relationship between the two parties, and the legal facts that cause the labor legal relationship are the legally consistent expressions of intention of both parties. This legal The unanimous expression of intention refers to the act of signing a labor contract between the parties in accordance with the law. Illegal acts and incidents cannot cause the creation of labor legal relations.

According to the above theory, there is no labor contract signed between Sun and the institute, and Sun is not an employee of the institute, and the two parties have no affiliation. Based only on the fact that Sun was injured while demolishing a house for the institute, it cannot be determined that Sun has any relationship with the institute. The hospital has labor legal relations. Therefore, Sun cannot request arbitration from the Labor Dispute Arbitration Commission with the institute as the respondent. Sun signed a labor contract with a labor service company, and both parties have a subordinate relationship. Therefore, Sun and a labor service company have a labor legal relationship. Sun should file a complaint to the labor dispute arbitration committee with a labor service company as the respondent. Requesting a labor service company to provide work-related injury benefits. Case 4: In May 2001, a private enterprise recruited employees. Zhao, who was born in July 1986, applied for the job. The two parties signed a one-year labor contract with a probation period of 30 days. He was engaged in cargo loading and unloading work, and the stipulation was that Zhao Early termination of the labor contract is considered a breach of contract and a liquidated damages of 1,000 yuan shall be paid. After working for 2 months, Zhao felt that the cargo loading and unloading work was too heavy and physically exhausted, so he proposed to terminate the labor contract with a private enterprise. A private enterprise believed that its behavior constituted a breach of contract and required Zhao to pay liquidated damages. Zhao did not agree, and a dispute arose between the two parties. A private enterprise filed an arbitration application with the Labor Dispute Arbitration Commission with Zhao as the respondent, requesting an award that Zhao should bear the liability. Liability for breach of contract and payment of liquidated damages. Questions: (1) Does Zhao have a labor legal relationship with a private enterprise? (2) Should the Labor Dispute Arbitration Committee support the claim of a private enterprise? Answer points: (1) Zhao does not have a labor legal relationship with a private enterprise . Because labor legal relations refer to the rights and obligations relationship formed between workers and employers in the process of working in accordance with labor legal regulations. As the subject of labor legal relations, workers must meet certain conditions, that is, they must have labor rights and labor behavioral abilities. According to the laws of our country, the labor rights and labor behavioral abilities enjoyed by workers are generally generated at the same time when citizens reach the age of 16. Zhao was under 16 years old when he signed a labor contract with a private enterprise, so he did not have the qualifications to be a subject of labor legal relations. Although a private enterprise signed a labor contract with Zhao, it violated my country's prohibition on the use of child labor. There is a de facto labor relationship between the two parties, but there is no labor legal relationship. (2) The labor dispute arbitration committee should not support the claims of a private enterprise. The law confirms and protects labor legal relationships, but although the actual labor relationship is regulated by my country's labor laws, it is not protected by law. There is no labor legal relationship between a private enterprise and Zhao, so its request for Zhao to bear liability for breach of contract was not supported by the Labor Dispute Arbitration Committee.