Working On Contract Is Still Labor Relations.

The parties signed a workshop with the company.

The contract is not fully terminated.

Due to the lack of legal knowledge, it is wrongly believed that the labor relations between the two sides have been pformed into contractual relations, and the direct prosecution to the court requires the company to pay compensation for breach of contract damages of 500 thousand yuan.

Recently, a people's Court concluded the contract dispute case. The first instance ruled against the plaintiff's cover.

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In October 20, 2012, the plaintiff formally became a defendant company after filling out the registration form.

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In November 10, 2012, a contract agreement was signed between the defendant and the defendant. The defendant awarded the company "car flower Department" from November 1, 2012 to the plaintiff for two years.

The contract stipulates that the creditor's debt and debt, the plaintiff's work injury and the industrial injury insurance are responsible for the plaintiff's work injury and industrial injury insurance during the production and operation of the plaintiff; the defendant shall not interfere with Party B's production and personnel allocation, but the plaintiff must unconditionally obey Party A's factory regulations and management regulations; if a breach of contract, a party in default will pay 3 times the bottom salary to the other party as compensation for breach of contract.

After the signing of the contract, both parties fulfilled the contract 6 months according to the contract. In April 2013, the defendant unilaterally terminated the contract and dismissed the plaintiff.

After the trial, the court held that, from the instructions of the defendant (plaintiff) and the commuter card of the plaintiff, the relationship between management and management was reflected. Therefore, the plaintiff and the defendant company were not equal subjects in the contract law, and the disputes arising from the two parties were also not within the scope of the contract law.

The agreement signed between the defendant and the defendant is still an internal management contract in the labor relations, and its relationship is actually a labor relationship, not a contractual relationship.

Accordingly, the court made the above judgment.

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The company does not have a clear agreement on the standard labor hours in the labor contract signed at the time of your entry, but refuses to pay overtime fees on the basis of the comprehensive working hour employment system. There is no factual basis and legal basis.

First of all, labor contract is a special form of contract, but it belongs to the category of contract.

Therefore, labor contracts should also be subject to the principle of contract, including the principle of good faith.

Your company still fails to perform in accordance with the contract in a definite contract. It violates the obligations stipulated in the contract and violates the principle of good faith, which is improper.

Second, according to the provisions of the "wage payment regulations", the thirteenth "labor contract signed by the employer for a comprehensive working hours must be examined and approved by the labor administrative department". The letter does not reflect the fact that the company has produced the approval document of the labor administrative department to you, that is, there is no labor contract agreement with comprehensive working hours.