How To Identify Labor Relations By Signing Labor Contracts?

Chen has experience in warehouse management. In April 1, 2010, he signed a labor contract with a limited company. The contract period was one month, and thereafter it was signed on January 1.

The contents of the contract are the same. All of them agree to provide labor services for a limited company. They must comply with the code of practice for the warehouses established by a limited company in the warehouse of a certain company. The labor cost is paid monthly by 3000 yuan, and a limited company does not participate in social insurance.

In March 31st this year, after the last labor contract expired, a limited company no longer renews with Chen.

Chen applied for labor arbitration and requested confirmation of labor relations with a limited company to pay financial compensation.

Finally, the labor arbitration department supported Chen's proposition.

Why does Chen sign a labor contract with a limited company every month? It is still recognized that both sides exist.

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About establishment

The notice of related matters (first, No. 2005 of the Ministry of labour, No. 12) stipulates that the employer has not signed a written labor contract, but has the following circumstances:

(1) employers and workers comply with the main body qualifications stipulated by laws and regulations.

(two) the various units formulated by the employing unit according to law

The system applies to the labor management of the laborers and the employing units, and to engage in remunerated labor arranged by the employing units.

(three) labor provided by workers is an integral part of the business of employing units.

In this case, first of all, it is unquestionable that Chen and a limited company comply with the main body qualification stipulated by the law from the facts of the case. Secondly, since April 1, 2010, Chen has been arranged to work in a warehouse of a certain company. His working hours are continuous, the contents of his work are goods, and Chen is bound by the code of practice of a limited company. He must obey the management of a limited company. His monthly labor cost is essentially labor income. Thirdly, the custody of warehouse goods is part of the management and management of a limited company.

It can be seen that although a limited company and Chen Mou signed labor contracts, they have three conditions for the establishment of labor relations.

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