The legal comments of Zhou Lihong, a lawyer of Jinpeng Jiayi Law Firm, were published in the Southern Industrial Daily!
Recently, our lawyer Zhou Lihong made a professional comment on a labor dispute case in which the Zhuhai Federation of Trade Unions provided legal aid to help workers successfully safeguard their rights and interests, which was published in the Southern Industrial Daily.
Case Details
In August 2022, Fu joined the business network of a logistics company to engage in express delivery, but the logistics company did not sign a labor contract with it or pay social insurance. The business outlet is contracted by Wu, who has signed the Express Delivery Contract Agreement with the logistics company. Due to the decrease of the delivery fee, in 2023, Fu proposed to resign, claiming to the logistics company to pay the social insurance premium, the wage difference of twice the amount of the written labor contract not signed, and the wage in April and May 2023. However, the logistics company considers that Wu is not an employee of the company, and the two parties only contract for the express delivery business, while Fu is a courier recruited and managed by Wu himself, which has nothing to do with the logistics company, and there is no labor relationship between the two parties, so they refuse to make up the social security and pay the corresponding amount for Fu.
Subsequently, Fu went to the Workers' Service Center of Zhuhai Federation of Trade Unions for help. After knowing the situation, the Zhuhai Federation of Trade Unions appointed lawyers to provide legal aid for Fu and represent him throughout the case. Finally, the court ruled that there was a labor relationship between the two parties, and the two parties reached an agreement on mediation on August 16, 2024. The logistics company paid a total of 30000 yuan to Fu for the wage difference in arrears, twice the wage difference and the social security supplementary payment fee, and the dispute was properly settled.
Lawyer Zhou Lihong holds that in this case, although Fu and the logistics company have not concluded a written labor contract, from the aspects of both parties' qualifications as labor subjects, Fu's acceptance of work arrangements in the business premises of the logistics company, the supervision, assessment and management of Fu by the logistics company, and Fu's acquisition of labor remuneration as a stable source of income, it conforms to the provisions of the Labor Law of the People's Republic of China and should be recognized that there is a labor relationship. This case provides a reference for the settlement of disputes similar to those between workers and employers in new forms of employment.
Jinpeng Jiayi Lawyer has always been committed to providing professional legal aid to workers and safeguarding the legitimate rights and interests of every worker.
Zhou Lihong
lawyer
Field of Expertise:
Litigation business fields such as divorce disputes, inheritance disputes, real estate disputes, contract disputes and enforcement objection procedures
Social position:
Member of the Labor Law Supervision Committee of the Trade Union of the State-owned Assets Supervision and Administration Commission of the Zhuhai Municipal People's Government
Certified Professional Business Mediator of the International Association for Dispute Resolution and Risk Management
Member of the Enforcement Law Professional Committee of the Twelfth Guangdong Lawyers Association
Member of the 6th Zhuhai Trade Union Legal Voluntary Service Lawyers Group
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