Legal Lecture Hall: Temporary Employment Is Labor Relations?

Q: I used to be a farmer in Henan. I had a little Mason's skill.

In the last two years and several friends in the village went out to work, they wanted to earn more money by their craft.

Last year, I came to Shanghai, an introduction to a fellow townsman, to work on the site, according to the construction company introduced, like me, is 150 yuan a day.

Every day, work and work must sign in.

At the end of the month, unified monthly salary is provided and free accommodation is provided.

After working there for two months, one day, I was ready to return to the dormitory after work, and I was hit by a foreign truck before the construction site.

The workmen took me to the hospital.

The driver raised $three thousand in compensation and never showed up again.

Because of the need for rest, after discharge, I could not go to work, life became a problem.

My family found the manager of the construction company, but the manager of the construction company didn't know me.

After looking for a lot of workmates to confirm the situation, he added that I was only a temporary employee of the company, not a company employee. According to the day's settlement, it meant that we had loose labor relations, not labor relations.

Let me look for the driver to solve the problem.

I do not understand that the company has implemented the attendance bonus and punishment system for us, and the wages have been issued for a month. How did it become a laborer?

Answer:

The argument comes from the planned economy period, generally do not enjoy the fixed treatment related treatment.

After the promulgation and implementation of the labor law, the labor contract system is fully implemented by the enterprises, and the rights and obligations between the laborers and the employing units begin to be adjusted by the labor contract.

Temporary workers are fading away.

The labor contract law stipulates that

There are three kinds of terms: one is fixed period, one is fixed period, and another is to finish a certain job.

A labor contract with a fixed term can be a few months or more than ten years.

A labor contract with a deadline for completion of a certain job may also be set against a temporary and uncertain task.

It can be seen that at present, the employment of enterprises is temporary or long-term, and can not be used as a criterion for judging whether the two sides establish labor relations.

At the same time, according to the law, the employing units that establish labor relations with the laborers should pay the workers' remuneration in full and in time.

And the remuneration of the remuneration party has a time system and a piecework system.

In addition to providing workers with normal labor supply, the employer should not pay less than the minimum wage level, but there are few mandatory provisions on how to stipulate remuneration for workers.

There is no basis for denying labour relations only by the two sides' daily wage.

As we know, the establishment of labor relations depends on whether or not workers are

It is the standard of judging whether employees are engaged in work, whether they are engaged in the work of the employing unit, whether they provide labor according to the requirements of the employer or accept the management and supervision of the employing units.

For workers who have already provided labor and the relationship between the two parties conforms to the constitutive requirements of the above labor relations, even if there is no written labor contract, the legitimate rights of labourers are also protected by labor laws.

As you can see, you work on a construction site that is built by a construction company, and receive monthly remuneration, daily attendance and compliance with company rules and regulations, indicating that when you work for a construction company, the two parties have already established personal affiliation.

The stipulation of a daily salary is not enough to conclude that there is a loose labor relationship between you.

It is not your responsibility not to sign a labor contract or to determine the time limit for the contract.

The company denies that your labor relationship is an act of evasion of legal liability.

You need not worry too much about your present situation.

After the above reasons are clarified with the company, if the company still sticks to its own opinion, you can turn to the trade union for help, or you can claim your legitimate rights through labor supervision or labor arbitration department, such as medical expectation.

In addition, you should actively seek clues for your accidental injuries and claim rights in time.