Seasonal Temporary Employment 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 complained to the local labor and personnel dispute arbitration committee, demanding confirmation that Li had a labor relationship with the packaging company.

The Arbitration Commission heard that

"Clearly stipulates that the employer will establish labor relations with the laborers 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 general office of the Ministry of labour

"Reply to the question of whether the employment form exists."

After the implementation of the system, all employers and employees have fully implemented the labor contract system, and the rights enjoyed by all kinds of workers in the employing units are the same. Therefore, temporary workers in the past sense have not ceased to exist compared with the 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.

Li worked in the company in the past, 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. Although the two sides had not signed a written labor contract, they had already formed a factual labor relationship.

The Arbitration Commission finally ruled that Li had a labor relationship with the packaging company.

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In accordance with the provisions of the labor law and the economic compensation measures for violating and relieving labor contracts, the employing unit decides to terminate the labor contract and should compensate the laborers for compensation.

The specific compensation measures are:

(1) if the employer and the employer terminate the labor contract through consultation between the two parties, the employer shall, according to the working life of the laborers in the unit, receive an economic compensation equivalent to one month's salary for a full year at most, not exceeding twelve months.

Those who work for less than one year will be given economic compensation according to one year's standard.

(2) if the worker is ill or is not injured by the worker, the labor appraisal committee confirms that the labor contract can not be removed from the original work or in the work arranged by the employer. The employer shall send the economic compensation equivalent to one month's salary per year according to the working life of the unit, and the medical aid fee of not less than six months' salary.

Serious illness and incurable diseases should also increase Medicaid.

The increase in the number of serious illnesses is not less than fifty percent of the medical subsidy, and the increase in the number of incurable diseases is not less than one hundred percent of the medical subsidy.

(3) if the worker is not competent for the work, he is still unable to do the work after training or adjustment. The employer should terminate the labor contract by the employer, and the employer should pay the economic compensation equivalent to one month's wages for a full year, at most, not more than twelve months.

(4) a major change in the objective situation based on the conclusion of the labor contract has resulted in the failure of the original labor contract to be fulfilled. After the parties concerned have not negotiated an agreement on changing the labor contract, and the employer has rescind the labor contract, the employer has paid an economic compensation equivalent to one month's salary per full year according to the working life and working hours of the worker in his unit.

(5) when the employer is on the verge of bankruptcy for statutory rectification, or if there is serious difficulties in production and operation, it must be tailored to the employer. The employer shall pay the economic compensation according to the number of years worked by the staff in the unit.

The amount of time spent working in this unit is equivalent to one month's economic compensation.

The wage calculation standard of the above economic compensation is the monthly average wage in the twelve months before the contract is terminated according to the normal production of the enterprise. In addition to the consultation between the two sides, the laborer is not competent to cancel the labor contract, the monthly average wage of the laborers is lower than the monthly average labor cost of the enterprise, and is paid according to the monthly average wage standard of the enterprise.

After the employer has rescinded the labor contract and fails to provide the laborer with economic compensation, he shall pay an additional economic compensation in accordance with fifty percent of the amount of the economic compensation in addition to the full economic compensation.