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Chapter 586 Training
"Thank you, thank you Mr. Han for your honesty! I will do my best. If your company conducts criminal training later, I can let the director of our firm lead the team." Wang Chuan said, he didn't want to miss any opportunity to get closer. In order not to disappoint Zhou Yiqiang's kindness.

"You are a student of Lao Zhou, and I have some friendship with Lao Zhou, so you don't have to be polite about this matter." Han Zhou laughed.

The two chatted for a long time in the tea room until very late.

Early the next morning, after breakfast, the company sent a Mercedes-Benz commercial vehicle to take Han Zhou and Wang Chuan to the company's conference room.

This training is aimed at managers, and there are more than 30 managers in the headquarters who have filled the conference room.

The host of the training was Deputy Manager Zhao from the Human Resources Department. After she introduced Wang Chuan's resume to everyone, she handed over the right to speak to Wang Chuan.

"First of all, thank you for inviting me to do this training...

Before I came here, I communicated with the comrades in charge of training in your company about the content of the training. This time, I will start from the distinction between labor relations and labor relations, and then expand to other aspects of the labor field.

The schedule of today's training has just been mentioned by Manager Zhao. I will talk about it for two hours in the morning, and I will answer your questions in the afternoon.Now let's start...

... Let's first understand what labor relations are. Labor relations refer to labor contracts signed in accordance with the law between government agencies, enterprises, institutions, social groups, and individual economic organizations (collectively referred to as employers) and individual workers. Management, the legal relationship arising from engaging in work arranged by the employer, receiving remuneration from the employer and receiving labor protection.

To put it more simply, the employer employs individual laborers to perform the work arranged by the employer, and is managed by the employer and receives wages. This is the labor relationship.

According to my understanding, some workers in your company are laid-off workers, and some are retirees from state-owned enterprises. Are these people labor relations with your company?
According to the current judicial practice and the judicial interpretation of the Supreme People's Court, if an employer institutes a labor dispute with a person it has hired who has enjoyed endowment insurance benefits or received a pension in accordance with the law, the people's court shall handle it according to the labor relationship.

However, if an enterprise suspends employees without pay, internally retired personnel who have not reached the statutory retirement age, laid-off personnel waiting for work, and personnel who suspend production and take long vacations for business reasons, and file a lawsuit due to a labor dispute with a new employer, the people's court shall handle it according to labor relations.In other words, such personnel and the company only belong to the labor relationship. When Wang Chuan said this, he took a sip of the tea on the table, moistened his throat and continued:
"The labor relationship has the following characteristics:
First, the employer complies with the legal requirements.

According to the provisions of the "Labor Law" and "Labor Contract Law", the employers in the labor relationship mainly refer to enterprises, individual economic organizations, private non-enterprise units and other organizations, as well as state agencies, public institutions, Social groups.In addition, other subjects cannot become the subject of employment in labor relations.

Second, both parties in the labor relationship have the property of subordination.

After the labor relationship is established, a personal dependence relationship characterized by management and being managed is formed between the employer and the laborer, including personality subordination and economic subordination.

The subordination of personality means that during the continuation of the labor relationship, when the laborer provides labor to the employer, he needs to hand over his personal freedom to the employer within a certain limit. The laborer has to obey the regulations and work instructions of the employer, and accept the supervision of the employer. obligation.

Economic subordination means that the labor relationship needs to be based on the labor provided by the laborer in exchange for labor remuneration.

Third, the labor relationship is a combination of labor and means of production.

Once the labor relationship is formed, the labor force is included in the production process as a factor of production. Therefore, in the labor relationship, the employer provides the basic labor conditions such as the workplace, objects, tools, etc., and the laborer completes the business ordered by the employer. Work.

Fourth, labor relations have strong state intervention.

In order to protect stable labor relations, the state regulates labor relations through a large number of laws and regulations...

If the laborer and the employer have not signed a labor contract, how to determine whether there is a labor relationship between the two parties?

According to Article 2005 of the "Notice of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations" (Lao She Bu [12] No. [-]): Employers who recruit workers without signing a written labor contract, but meet the following circumstances at the same time, Labor relations are established.

([-]) Employers and employees meet the subject qualifications stipulated by laws and regulations;

([-]) Various labor rules and regulations legally formulated by the employing unit are applicable to the laborers, and the laborers are under the labor management of the employing unit and engage in paid labor arranged by the employing unit;
([-]) The labor provided by the laborer is an integral part of the employer's business.

This standard is widely used in judicial practice, and basically the courts will use it as a judgment standard to judge labor relations. "

Wang Chuan paused, and continued: "Let me introduce the labor relationship.

Labor relationship refers to a civil relationship that does not constitute a labor relationship, in which one party provides labor services and the other party pays remuneration.For example, domestic service personnel employed by families or individuals, helpers and apprentices employed by individual craftsmen, employees employed by rural contracted business households, etc.

There are generally the following differences between labor relations and labor relations:

[-]. The subjects are different.

The subject of employment in labor relations is as mentioned above, but the subject of employment in labor relations is broader and can be natural persons, legal persons or other organizations.

Second, the affiliation between the two parties is different.

In the labor relationship, both parties have the property of subordination, and the laborer is a member of the employer, abides by the rules and regulations of the employer, and obeys the leadership and arrangements of the employer.

In the labor service relationship, both parties are equal civil subjects and do not have the status of affiliation and dependence.Although there is a certain management relationship between the party providing the service and the party receiving the service, this management focuses more on the arrangement when providing the service.Both parties are result-oriented, and labor results are the basis for payment of labor remuneration.

Third, the degree of state intervention is different.

In addition to the rights and obligations of laborers and employers determined by the labor contract, labor laws and regulations also stipulate in a mandatory form, such as working hours, termination of the contract must be done according to law, compulsory payment of social insurance, etc.

The rights and obligations of both parties in the labor service relationship fully reflect the autonomy of will, and the contract is mainly signed based on the negotiation between the two parties. "

　These two contents are relatively professional, with reference to some opinions of the Supreme Court and local high courts, and some judgments in some cases that judges think, if you don’t understand, you can skip it directly.

　　
　
(End of this chapter)