[Does he have a labor relationship with the employer] How to prove that he has a labor relationship with the employer?

Does he have a labor relationship with the employer?

Author: Zhou Hu Meilan

Source: 20 15, No.03, employee law world in the first half of the year.

20 13 At 8 o'clock on June 7th, Xu died of coronary heart disease suddenly due to a conflict with the owner Jiang when he was working in Jinlin Building of a company in Nanchang. After the incident, Xu's wife applied to Nanchang Labor and Personnel Dispute Arbitration Committee for arbitration, demanding that her husband Xu have a labor relationship with a company in Nanchang. Nanchang Labor and Personnel Dispute Arbitration Commission made an arbitration award on February 3, 20 13, ruling that a company in Nanchang had a labor relationship with Xu from April 8, 20 13 to June 7, 20 13. A company in Nanchang refused to accept the arbitration award and filed a lawsuit with the People's Court of donghu district, Nanchang on February 25th, 20th13rd.

A company in Nanchang claims that, based on the principle of "whoever advocates gives evidence", workers have the burden of proof to prove the existence of labor relations, and the plaintiff, as an employer, has no burden of proof. Although the defendant (Xu's wife) provided the contract signed by her husband with an information service company in Nanchang on behalf of the plaintiff, it could not prove that there was a labor relationship with the plaintiff. The defendant's husband and a factory in Jiangxi "suspended" the labor relationship in 2000, but the relevant laws of our country did not stipulate the system of labor relationship suspension, so he appealed to the court, requesting: 1. According to the law, there was no labor relationship between the plaintiff and the defendant's husband Xu Zi from April 8, 2065438 to June 7, 20 13. 2. The litigation costs in this case shall be borne by the defendant.

The defendant argued that Xu, the defendant's husband, worked as the property manager of Jinlin Building in the plaintiff's company before his death, and had a dispute with someone at work on June 7, 20 13 and died suddenly. This fact should be confirmed. The plaintiff's complaint is unfounded and illegal. Request the court to confirm that the defendant's husband has a labor relationship with the plaintiff company.

The court found through trial that at 8 o'clock on June 7, 20 13, the defendant's husband Xu died of coronary heart disease due to a conflict with the owner Jiang, so the defendant applied to Nanchang Labor and Personnel Dispute Arbitration Committee for arbitration, demanding that the defendant's husband Xu had a labor relationship with the plaintiff. The arbitration award was made on February 3, 20 13, and it was ruled that the plaintiff and Xu Zi had a labor relationship from April 8 to June 7, 20 13. The plaintiff refused to accept the arbitration award and filed a lawsuit in donghu district People's Court on February 25th, 20th13rd.

It was also found out that Xu Yuan was an employee of a factory in Jiangxi. On May 30, 2000, according to the relevant documents of the municipal government, the factory and Xu signed the Agreement on One-time Payment of Pension and Medical Insurance Fees. The agreement stipulates that a factory in Jiangxi will pay the pension insurance and medical insurance required for Xu's normal retirement in one lump sum; From 1 99965438+February1to the normal retirement difference 17 1 month, Xu's monthly living expenses were determined as 10 yuan, and the factory paid Xu's living expenses in one lump sum 17 10 yuan. Both parties terminate the labor relationship and go through normal retirement procedures. On April 8th, 20 13, Xu signed a contract with an information service company in Nanchang (hereinafter referred to as Party B) on behalf of the plaintiff (hereinafter referred to as Party A). The main content of the contract is "Party A allows Party B to install in its property Jinlin Building? Commercial building information simulcast system "? . After Xu's death, Nanchang donghu district Public Security Bureau filed a case against Jiang, the owner of Jinlin Building, for alleged intentional injury. The Bureau pointed out in its prosecution opinion that ... at 8 o'clock on June 7, 20 13, Xu, the property manager of Jinlin Building, No.55 Shengli Road, donghu district, Nanchang City, worked on the first floor of Jinlin Building ... "