Interpretation Of Labor Relations Between Salesmen In Shopping Malls

Introduced by an acquaintance in October 2014 in a shopping mall to promote sales. In order to facilitate daily management, shopping malls are made for some iconic cards such as work cards, work cards and workers' clothing, etc., and are arranged for a promotional agent for a certain chemical company limited. The chemical industry Co., Ltd. signed a "agreement with suppliers on the spot" and "supplier's cooperation undertaking" with shopping plaza. It is clear that the promoters' salary payment, social insurance and labor contract signing of chemical industry limited company are all undertaken by Chemical Industry Co., Ltd. In November 25, 2014, the shopping mall was injured when it was assigned to a paper from a transportation chemical company. In order to apply for industrial injury identification, a shopping mall was listed as a respondent and a chemical company limited as a third person to the local labor and personnel dispute arbitration committee for confirmation of labor relations.

Is there a labor relationship between a shopping mall entrusted with management or a wage limited chemical company?

The notice of the Ministry of labor and social security on the establishment of relevant matters concerning labor relations stipulates three essential elements for the establishment of a labor relationship: (1) employers and workers comply with the main qualifications stipulated by laws and regulations; (two) the labor rules and regulations formulated by the employing units according to law are applicable to labourers. Worker The labor management of the employing unit is engaged in remunerated labor arranged by the employing unit; (three) the labor provided by the laborer is an integral part of the business of the employing unit. When the labor relationship is identified, the following documents can be considered: (1) payment vouchers or records (salary list for workers' wages) and payment of various social insurance premiums; (two) certificates of identity issued by the employer to the workers, such as "work permit" and "service certificate"; (three) recruitment records of recruitment forms such as "registration form" and "application form" recruited by laborers; (four) attendance records; (five) testimony of other workers.

In a certain shopping plaza and Chemical Industry Co., Ltd., in accordance with the law, the shopping plaza is a kind of entrusted and managed relationship. Job card The iconic items such as work cards and clothing are in line with the business of shopping plaza and chemical company. All of these contents have the legal characteristics of labor relations. But in this case, the units that implement daily management and the units that pay wages are not the same employers.

Entrusted management is a special kind of service industry. Management relationship The shopping mall and the chemical industry Co., Ltd., which are paid for the implementation of management, are the legal entities of the equal entity. The Chemical Co., Ltd. entrusts the daily management rights of the promoters to the shopping plaza for the implementation. The two parties are the principal-agent contractual relationship between the equal subjects. The agency agreement signed is the real intention of both parties, and it should be lawful and effective. The shopping mall has issued iconic cards such as work cards, work cards, and workers' clothing, so that the management of promoters can be easily carried out, and the beneficiaries should be chemical industry companies. Therefore, the Arbitration Commission decided to establish a labor relationship with the chemical company.