Seasonal Temporary Employment Also Constitutes Labor Relations.

In September 7, 2014, Lee came from a Shandong packaging company and hit a motorbike on his way home from the motorcycle. After the accident, Li's relatives repeatedly found that the packaging company asked for work-related injuries. The company said Li had only worked for more than 3 months in the company as a seasonal temporary employee. He did not sign employment contracts, nor did he establish long-term labor relations. He did not agree to pay for work-related injuries. Li's relatives went to the local area. Labor arbitration The Department appeals to confirm Li's existence of labor relations with the packaging company.

According to the trial, the Arbitration Commission believed that Li worked in the company at the time, and the labor provided by him was part of the company's business. He accepted the management of the company and paid the remuneration by the company on a monthly basis. " Labor Contract Law "Clearly stipulates that Employing unit Labor relations will be established with workers from the date of their employment. In establishing labor relations, a written labor contract shall be concluded. Labor contracts are also divided into fixed term labor contracts, non fixed term labor contracts and labor contracts that fulfill certain tasks. The reply of the general office of the Ministry of labor to the request for instructions on the existence of other forms of employment for temporary workers ([1996]215) stipulates: "after the implementation of the labor law, all employers and staff members have fully implemented the labor contract system, and the rights enjoyed by all kinds of workers in the employing units are the same. Therefore, in the past, temporary workers have ceased to exist compared with formal workers. Employing units in temporary jobs can be differentiated in terms of labor contracts." According to the above regulations, a unit can conclude a short-term labor contract with a seasonal temporary employment or a labor contract with a deadline for completion of certain tasks. The Arbitration Commission finally ruled that Li had a labor relationship with the packaging company.

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As the Spring Festival approaches, the garlic traders in Linyi, Shandong are not happy. In November 2014, the Korean government imported 2200 tons of garlic made in Linyi by bidding. After receiving the quality inspection of the Korean national aquatic food circulation commune after receiving the goods, the goods were sent to Busan, Korea. However, after arriving at the port, the Korean agricultural management department returned all the goods back to China on the grounds of "heavy spots exceeding the standard".

2200 tons of garlic floating around the sea and coming back, causing heavy losses to Chinese enterprises. When people pay attention to who should be responsible for this, the South Korean side responded: go to the WTO and sue us!

Do you want to go to the WTO? How do you tell? Chinese enterprises have their own choices. However, the topic of "foreign lawsuit" caused by the garlic storm deserves attention and attention. In recent years, China's enterprises encountered many "foreign lawsuits", so it can be said that trade frictions and our country's second largest economies and the largest cargo trading countries are going hand in hand. Chinese enterprises, which are not well prepared, are often at a loss what to do in the face of sudden civil and commercial disputes. Combing the "foreign lawsuit" we encountered in recent years, Chinese enterprises won the lawsuit but lost more. Whether winning or losing, the cost of safeguarding rights through international arbitration and litigation is high, the difficulty is great, and the odds are slight.

On the one hand, enterprises are not well prepared to cope with international trade disputes. They are faced with the plight of shortage of talents and lack of experience. On the other hand, when enterprises are ready to fight against foreign lawsuits, they find that many international legal rules are so disadvantageous to themselves.

For a long time, on the international stage, the high level legal talents who can skillfully use foreign languages, master the international legal rules and safeguard the interests of the state are very scarce. They not only lack the right to speak in the formulation of international rules of law, but also lack a large number of professional teams who can come forward in the face of international disputes.

At the same time, the government and social organizations also lack the international thinking and responsibility. Huang Yongmin, President of the Xiamen maritime court, said that when the Chinese shipbuilding industry signed a shipbuilding contract with the foreign party, more than 90% chose "London arbitration" as a dispute resolution agency. However, in recent years, the Chinese shipyard's "London arbitration" case was almost completely annihilated. The reason is intriguing. Why do not we choose to arbitrate in China? The most important reason is that the domestic arbitration organization has not produced a decent form contract with domestic arbitration as its essential element for enterprises to choose.

Along with China's economic development and peaceful rise, with more Chinese enterprises going abroad and going deep into the blue, our country is badly in need of training a large number of talents who can represent China to engage in the formulation, implementation and dispute resolution of international laws.

To this end, the party put forward in the fourth Plenary Session of the 18th CPC Central Committee that we should promote economic and social affairs in accordance with the law, enhance our country's voice and influence in international legal affairs, and use legal means to safeguard China's sovereignty, security and development interests.

We must constantly improve the system of foreign laws and regulations, train international legal talents, actively participate in the formulation of international rules, strengthen foreign-related legal services, and adapt to the new pattern of opening up to the outside world as soon as possible so as to exchange the international rule of law environment that matches China's international status and serve the reform and development of the country better for the benefit of the people.