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Chapter 573 Labor relationship or labor relationship?

"Defendant, cross-examine!" the male judge said.

The first piece of evidence, the "Cooperation Agreement", is recognized for its authenticity, legality, and relevance, but not for the purpose of proof.The agreement stipulates that the two parties will jointly establish a project company, with the defendant contributing funds and the plaintiff providing technology and being responsible for management. It can be seen that the purpose of signing the agreement between the two parties is for cooperation, which can be reflected in the name of the agreement.

The second piece of evidence, the bank statement of the defendant’s payment of wages to the plaintiff, is recognized for its authenticity, legality and relevance, but not for the purpose of proof.The bank statement is a subsidy from the defendant to the plaintiff, not a salary. As the plaintiff is a manager and shareholder, the defendant is willing to pay certain subsidies and subsidies to the plaintiff.

The third piece of evidence, wage slips, is not recognized for its authenticity, legitimacy and relevance.This evidence is a photocopy provided by the plaintiff, and I do not recognize it without the original.Moreover, the salary slips are sent through deduction, and the person who provided the salary slips is not clear, and we do not recognize it.

The fourth piece of evidence, the "Notice of Termination of Labor Relations", is recognized for its authenticity, legality and relevance.However, it is not recognized for proof purposes.Because of the technical problems of the plaintiff, the progress of the project cannot continue, and the cooperation agreement terminated by the defendant due to helplessness, there is no illegal termination.

The fifth piece of evidence, e-mail, is recognized for its authenticity, legality and relevance, but not for the purpose of proof. The above-mentioned e-mail is an e-mail communicated by both parties, and cannot prove the existence of a labor relationship.

Cross-examination is complete! " said the female legal commissioner.

"The defendant presents evidence!" said the male judge.

"The defendant has only one piece of evidence, the "Cooperation Agreement", which proves that the plaintiff and the defendant are in a cooperative relationship. There is no labor relationship." The female legal professional said.

"The plaintiff cross-examines evidence!" said the male judge.

"The authenticity, legality and relevance of the agreement are recognized, but the purpose of the proof is not recognized. We believe that the rights and obligations stipulated in the agreement reflect the labor relationship between the two parties. The cross-examination is complete!" Wang Chuan said.

"Defendant, you just said that the monthly payment to the plaintiff is not a salary but a subsidy. What is the standard for the subsidy? Is there any agreement?" the male judge asked.

"The subsidy standard is [-] yuan a month. It was a verbal agreement!" The female legal officer hesitated.

"The "Cooperation Agreement" stipulates that before the establishment of the project company, the plaintiff will be paid in the form of basic salary plus performance commission. The defendant, has the project company been established?" the male judge asked.

"Not established! Because the project progressed slowly, the project company has never been established." The female legal officer said.

"Defendant, have you paid the basic salary agreed in the agreement?" The male judge then asked.

"The basic salary agreed in the agreement is actually a subsidy. It was a clerical error at the time." The female legal officer quibbled.

"Plaintiff, is that so?" asked the male judge.

"No! We both agreed on the basic company in the "Cooperation Agreement", and the money given is also the basic salary. We never mentioned subsidies." Wang Chuan said.

"Defendant, apart from signing the "Cooperation Agreement", did the two parties sign any other documents?" the male judge asked.

"No!
Although some of the words used in the cooperation agreement are sensitive, we believe that the cooperation agreement cannot replace the labor contract, and the names and contents of the two are different.The original intention of the defendant when signing the agreement was also for the purpose of cooperation, so it cannot be concluded that there is a labor relationship between the two parties. " said the female legal officer.

"Defendant, what kind of document do you think the Cooperation Agreement is?" asked the male judge.

"I think the two parties are in a business partnership, and signing the "Cooperation Agreement" is a cooperative business contract." The female legal professional hesitated.

"Plaintiff, what do you think of the nature of the Cooperation Agreement?" the male judge asked.

"The plaintiff believes that the Cooperation Agreement has the attributes of a labor contract.

The plaintiff believes that the determination of the nature of the agreement should not only be based on the name, but the substance should be more important than the form, that is, the actual legal relationship between the two parties should be determined according to the content of the agreement, that is to say, the determination should be made through the rights and obligations of the two parties stipulated in the agreement.

First of all, the agreement signed by the two parties clearly stipulated that the defendant hired the plaintiff as the project manager, and the plaintiff was responsible for the development and management of the company's software products.In daily life, the term "employment" is widely used in recruitment situations, and it is generally interpreted as the employer hires laborers to provide labor for it.

Secondly, the agreement signed by the two parties clearly stipulates how the plaintiff will obtain remuneration. Regardless of whether the project company is established or whether the research and development project is successful, the plaintiff can obtain basic salary, performance commission and other labor remuneration.It is obvious that the plaintiff's remuneration has nothing to do with the results of the project. The wages are clearly reflected in the wages, which have obvious labor attributes.

In addition, as we all know, "salary" is the remuneration paid by the employer to the employee's labor in the form of currency. This method of remuneration is obviously inconsistent with the real income distribution method in the cooperative operation.

Finally, since it is a cooperative operation, both parties should jointly contribute capital and share risks, which is also a typical feature of cooperative operation.In this case, neither the plaintiff's capital contribution ratio nor the method of risk assumption was stipulated in the contract, which is obviously inconsistent with the real cooperative operation contract.

To sum up, the "Cooperation Agreement" in this case is called a cooperative operation, but it is actually a labor and employment contract..." Wang Chuan paused, but the other party suddenly interrupted his speech.

"The defendant disagrees with the plaintiff's statement.

In my country, there are two forms of labor employment. The first form is the labor contract that we are all familiar with. The labor contract is regulated by laws and regulations in the field of labor law such as the "Labor Contract Law"; the second is labor relations, which are regulated by civil The adjustment of laws and regulations does not belong to the field of labor.

The defendant believed that even if the "Cooperation Agreement" in this case was not a cooperative operation contract, it should also be a labor contract.Not subject to labor laws. "The female legal commissioner hurriedly said.

She thought she had caught a loophole in Wang Chuan's speech, but she didn't know that Wang Chuan hadn't finished speaking yet and had something to say later.

"Plaintiff, do you agree with the defendant's statement?" the male judge asked.

As long as the two sides don't talk back and forth and stir up three points unreasonably, the male judge is still happy to see the attorneys of both sides pinch each other.The law is unclear, and the two attorneys debated the key issues of the case, and the judge was willing to give them time to help them sort out the legal relationship of the case.

Accept the other party's opinion?How is it possible, if Wang Chuan agrees with the other party's opinion, he will not be an agent!

"Plaintiff disagrees with defendant.

The plaintiff believes that whether the "Cooperation Agreement" in this case is a labor contract or a labor contract requires further analysis of the nature of the agreement. In addition to the content of the contract, the rights and obligations enjoyed by the plaintiff and the defendant during the actual performance of the "Cooperation Agreement" should also be examined .

The form of labor employment is reflected in labor contracts and labor contracts, which is correct.There are similarities between the labor relationship and the labor service relationship, for example, the laborer provides labor to the employer and receives corresponding remuneration according to his labor. "Wang Chuan paused and cleared his throat.

(End of this chapter)