[Essence of the Adjudication]
As far as bank statements are concerned, the corresponding period of Man's claim is from 2021 to 2022, and the time interval is relatively large with the period of the employment relationship that Man asserts, and Man has not further proved the relationship between the above account and a company. To sum up, the court of first instance, based on the evidence in the case, did not find that there was an employment relationship between Man and the company, which was not improper, and this court upheld it.
【Brief Facts of the Case】
Man asserted that he joined a company on February 25, 2013 and engaged in installation work, and the work content was to install wooden doors. On February 24, 2023, he filed a request to a company to terminate the employment relationship on the grounds of non-payment of social insurance. In order to prove his salary payment, he provided bank statements, showing that the "other party's account names" from 2021 to 2022 were Wang1, Liu1, Xu and a center.
A company asserted that there was no employment relationship between the two parties, and submitted a Labor and Confidentiality Agreement, in which the two parties to the agreement were a certain center (hereinafter referred to as the business center) and Man, and the period was from April 1, 2020 to March 31, 2025. There is a seal with the words "a center" and a handwritten signature with the words "full". During the trial of this case, Man X recognized that the signature was his own.
In the course of the trial of this case, a company asserted that it had a cooperative relationship with the business center, and that it entrusted the business center to sell its products. In order to prove that he had an employment relationship with a certain company, Man provided a copy of the work certificate issued by the company, but he said that he could not provide the original; A description of the bank account number issued by a company is provided, showing that the bank account number of Wang 1 is used as a company account. The company did not recognize the authenticity of the work certificate, and asserted that the business center entrusted Wang 1 to pay remuneration, and provided a bank customer receipt for the transfer from the business center to Wang 1. Man did not provide further evidence on the existence of an employment relationship with a certain company.
Mr. Man filed an arbitration with the Beijing Tongzhou District Labor and Personnel Dispute Arbitration Commission (hereinafter referred to as the Arbitration Commission), requesting that the company be awarded the payment of wage deductions, severance for the termination of labor relations, and wages for unused annual leave. On August 30, 2023, the Arbitration Commission issued the Jingtong Lao Ren Zhong Zi [2023] No. 3615 Award, ruling that Man's arbitration claim was rejected. After the ruling was made, Man X was dissatisfied with the ruling and filed a lawsuit with the court of first instance, and the court of first instance rejected Man's claim, but Man X did not recognize it and appealed.
【Referee's Request】
The request for an order confirming the existence of an employment relationship between the two parties from 2013 to 2023 and the payment of wages and compensation are claimed.
【Judgment Result】
The court ordered the dismissal of all of Man's appeals.
[Reasons for the Adjudication]
After trial, the people's court held that with regard to the employment relationship, the employee should bear the corresponding burden of proof for the existence of an employment relationship with the employer. In this case, Man asserted that there was an employment relationship with a certain company, but according to the evidence on record, the company submitted the Labor and Confidentiality Agreement signed between Man and a certain center, and Man recognized the above signature, but claimed that it was a blank contract text, which was filled in subsequently, and no evidence was submitted to prove it, so it was difficult for this court to accept it. The "Work Certificate" provided by Man is only a copy, and the company does not recognize it, and Man claims that it is based on bank statements, in which the subject of labor remuneration is connected with a certain company, and then there is a labor relationship between the two parties. In this regard, this court held that the work certificate was a photocopy, and it was difficult to determine the existence of an employment relationship between the two parties, and as far as the bank statement was concerned, the corresponding period of Man's claim was from 2021 to 2022, which was a large period between the time interval and the employment relationship that Man's claim existed, and Man did not further prove the relationship between the above-mentioned account and a company. To sum up, the court of first instance, based on the evidence in the case, did not find that there was an employment relationship between Man and the company, which was not improper, and this court upheld it.
【Case source】
Beijing No. 3 Intermediate People's Court (2024) Jing 03 Min Zhong No. 9158 Civil Judgment.
【Case Tips】
Employers are reminded that if there is no agreement to establish an employment relationship with an employee, the employee should not be subject to strict personnel management or disciplinary punishment. Otherwise, if there is a close relationship between personnel dependency management and management, it may be deemed that there is an employment relationship. Even if a labor agreement or service agreement in other names is signed, the employment relationship between the two parties cannot be denied.
Remind the employee that when it comes to relevant claims under the labor relationship, the existence of the labor relationship must be the basic condition. If the parties have not signed any written agreement, it is difficult to determine the existence of an employment relationship based on documents such as a copy of the work permit. Workers need to pay attention to the salary payment flow, the subject of social insurance payment, and whether they strictly accept the personnel management of a certain unit. With the corresponding supporting evidence, the employee may request confirmation of the existence of an employment relationship with an employer, and then claim other claims under the employment relationship.
Disclaimer: The content of this article is for reference only and is not intended as legal advice for specific cases.