There Is No Labor Relationship Between Drivers And Vehicle Affiliated Companies.

After the owner of the vehicle was affiliated to an automobile service company, he recruited the driver to drive the vehicle. Was there any labor relationship between the driver and the affiliated company? Recently, the people's Court of Jimei District of Xiamen, Fujian province tried a special case of labor dispute and decided that there was no labor relationship between the driver and the affiliated company.

After the judgment of first instance, the driver refused to appeal against the judgment, and the court of second instance dismissed the appeal and upheld the original judgment.

In August 2013, a car service company in Xiamen signed a contract of vehicle registration with Xiao bin. The two sides agreed: Xiao bin agreed to buy the heavy dump truck which he purchased under the name of the automobile service company, for two years. The attachment fee was 300 yuan per month. Xiao bin had the right of operation, the right to use and the right of income for the contracted vehicle during the period of his affiliation. If Xiao bin was responsible for the loss of personal and property caused by traffic accident in the course of vehicle operation, he promised to undertake all the responsibilities on his own, and the automobile service company would not bear any legal liability.

In March 2015, Xiao bin recruited Ma Mou as the driver and drove the heavy dump truck.

At ordinary times, Ma Mou assigns work and pays wages by Xiao bin.

The working hours of Ma Mou are not fixed. They need to call by Xiao bin when they are out of the car. When they stop, Ma must stop the car at the designated parking place.

Ma's attendance was recorded by himself and sent to Xiao bin.

In June 2015, after parking at Ma Mou, he broke his hand carelessly because the ground was wet and slippery.

In July of the same year, Ma and Xiao bin were injured in medical expenses of Ma.

A contract was signed, including the loss of work time, the two operation fee and so on.

"It contains a car owner, Xiao bin, and a staff member named Ma Mou.

In the same month, Ma Mou applied for arbitration to the labor and personnel dispute arbitration committee of Jimei District, Xiamen, and asked for confirmation of its labor relationship with the vehicle service company.

In August 2015, the result of the ruling confirmed that there was labor relationship between Ma and the vehicle service company.

After that, the automobile service company refused to accept the ruling and filed a lawsuit against the court.

The court heard that in the case, Xiao bin was the actual owner of the car, Ma Mou was recruited from Xiao bin, assigned to work, paid wages and management. In the mediation agreement signed by Ma Mou and Xiao bin, he clearly identified the owner of the small bin and the staff of Ma, and found that the two party had established labor relations; the automobile service company did not recruit Ma Mou, did not sign labor contracts with Ma, nor did he manage and distribute the work, nor did he pay wages to Ma; the automobile service company was affiliated with Xiao bin, but Xiao bin did not operate the vehicle in the name of the automobile service company, so the Court confirmed that there was no labor relationship between Ma and the automobile service company.

According to the analysis of the case judge, labor relations are employed by employers.

For its members, the workers, under the management of the employer, provide the rights and obligations arising from the labor paid by the employers.

To determine whether the existence of labor relations should not only examine whether the main body is qualified, whether or not to sign a written labor contract, but also examine whether the two parties are in line with the substantive requirements of the labor relations, whether the actual employment occurs, whether the workers provide paid labor and accept the management of the employing units.

In the light of this case, the automobile service company and Ma Mou do not conform to the basic characteristics of labor relations, so there is no labor relationship between them.

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