An employee turned hostile and stubbornly insisted on a point, attempting to maliciously alter the relationship to demand compensation.

Too many plans will lead to failure, and too many things will lead to destruction. Yi Mouzhuang's attempt to maliciously change the labor relationship and demand large compensation ended in failure.

I. Multiple Courtroom Confrontations

Starting from April Fool's Day in 2023, Yi Mouzhuang entrusted a lawyer from the same hometown practicing in the Pearl River Delta to initiate a lawsuit against wrongdoers. After two years of labor arbitration, first instance, and second instance procedures, Yi Mouzhuang's unrealistic and confident claims were ultimately rejected by the judicial authorities in accordance with the law, leaving Yi Mouzhuang in vain.

2. Can the undisputed fact of a labor service relationship truly be distorted into a labor relationship through sophistry?

This case combines judicial practice: the mainstream views of the judges in the labor arbitration, first instance, and second instance procedures have confirmed that whether there is a labor relationship between the worker and the employer is mainly determined by examining factors such as whether the worker accepts the employer's daily management, accepts labor remuneration, and whether it falls within the employer's main business scope. However, the key point is that the work of the employees has a certain degree of autonomy, and the employment between them and the employers is not continuous and stable, but is based on the wishes of the employees and the temporary needs of the employers. There is no fixed cycle or standard for salary payment, but rather payment is calculated on an hourly basis. The more you work, the more you get, and there is a lack of stable characteristics of wages in labor relations. Both parties have not formed a comprehensive consideration and judgment based on personal attributes and other factors.

4. Prepare for the future: Employers should proactively enhance legal risk awareness and strengthen management.

In production and operation, it is inevitable to encounter the protagonist in this article, the labor side, who likes to argue over trivial matters, and will be meticulous or pass the buck to each other for the sake of a small matter, unable to carry out normal work. What's even more despicable is that they may go around to protect their rights for a small matter, jumping up and down under the guise of legality, resorting to any means necessary, using complaint and judicial means to make the unit uneasy and the people unstable, thereby affecting production.

1. Establish and improve HR management policies.

According to Article 4 of China's Labor Contract Law, employers shall establish and improve labor rules and regulations in accordance with the law, ensuring that workers enjoy labor rights and fulfill labor obligations. When formulating, modifying, or deciding on rules and regulations or major matters directly related to the vital interests of workers, such as labor remuneration, actual work, rest and vacation, labor safety and health, insurance and welfare, employee training, labor discipline, and labor quota management, the employer shall consult with the workers' congress or workers, propose plans and opinions, and determine them through equal consultation with the trade union or workers' representatives.

2. Purchase social insurance for employees in accordance with the law, giving them peace of mind.

According to Article 72 of China's Labor Law, employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law. This is a legal obligation.

3. Develop the habit of collecting and preserving relevant evidence to prevent problems before they arise.

According to Article 17 of China's Labor Dispute Arbitration Rules, the parties have the responsibility to provide evidence for their claims. If the evidence related to the disputed matter is under the control and management of the employer, the employer shall provide it; If the employer fails to provide it, they shall bear the adverse consequences. Develop a work habit of collecting and preserving relevant evidence in case of emergencies, and judges will make their own judgments on who is right and who is wrong in front of the evidence.

4. Standardize and strengthen HR process management.

Employees should have standardized and complete supporting management forms to support their onboarding and termination procedures, and keep written records. Employees who resign must indicate the reason for their departure; If an employee's employment relationship is terminated due to violation of rules and regulations, the employer shall deliver a written penalty decision and termination notice to the employee and retain a receipt.

5. Establish emergency response plans for labor disputes of employers.

Everything is established in advance, and failure to do so leads to failure. Assign dedicated personnel for management, and employers should observe employee behavior, work attitude, performance, and other aspects to promptly identify potential hazards that may cause labor disputes. Once a problem is identified, immediate measures should be taken to prevent disputes from escalating into a tug of war, where the gains outweigh the losses.