"Too many schemes lead to failure, too many affairs lead to ruin." Yi Mouzhuang's attempt to maliciously alter the labor relationship and claim substantial compensation ended in failure.

I. Multiple Courtroom Confrontations

Yi Mouzhuang, starting from April Fools' Day 2023, entrusted a fellow lawyer practicing in the Pearl River Delta to file a lawsuit, first making a false accusation. After two years, through labor arbitration, first instance, and second instance proceedings, his initially overconfident and unrealistic claims were ultimately rejected by the judicial authorities according to law, leaving Yi Mouzhuang with nothing.

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

3. This case, combined with judicial practice, reflects the mainstream views of adjudicators in labor arbitration, first instance, and second instance proceedings. Whether a labor relationship exists between a worker and an employer is primarily determined by examining factors such as whether the worker is subject to the employer's daily management, whether they receive labor remuneration, and whether the work pertains to the employer's main business scope. However, the key point lies in the worker's work having a certain degree of autonomy, and the employment relationship between the worker and the employer is not continuous or stable, but rather based on the worker's willingness and the employer's temporary needs. Wage payment lacks a fixed cycle and standard, being calculated by the hour with more pay for more work, lacking the stability characteristic of wages in a labor relationship, and the parties have not formed a personal subordination relationship, among other comprehensive considerations.

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

5. In production and operations, it is inevitable to encounter workers like the protagonist in this article, who are prone to bickering over trivial matters, haggle over every small issue, or shift blame, making normal work impossible. Even worse, they may go to great lengths to assert their rights over minor issues, cloaked in legality, jumping around recklessly, using complaints and judicial means to disrupt the workplace, causing instability and affecting production.

6. Establish and improve human resource management-related systems.

According to Article 4 of China's Labor Contract Law, employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and fulfill labor obligations. When formulating, modifying, or deciding on rules and regulations or major matters that directly involve the vital interests of workers, such as labor remuneration, working hours, rest and leave, occupational safety and health, insurance and welfare, employee training, labor discipline, and labor quota management, employers shall submit proposals and opinions through the workers' congress or worker discussions, and negotiate on an equal footing with the trade union or worker representatives.

2. Purchase social insurance for employees in accordance with the law to give 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 statutory obligation.

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

According to Article 17 of China's Labor and Personnel Dispute Arbitration Case Handling Rules, the parties have the responsibility to provide evidence for their claims. If evidence related to the disputed matter is under the management and control of the employer, the employer shall provide it; if the employer fails to provide it, it shall bear adverse consequences. Develop the work habit of collecting and preserving relevant evidence to prepare for unexpected needs; the adjudicator will judge right and wrong based on the evidence.

4. Standardize and strengthen personnel process management.

During the onboarding and termination processes, employees must be supported by standardized and complete management forms, with written records retained. For departing employees, the reason for resignation must be clearly stated; if an employee is terminated for violating company rules, the employer must deliver the written disciplinary decision and termination notice to the employee in person and retain the receipt.

5. Establish an emergency response plan for labor disputes at the employer.

Preparedness ensures success, unpreparedness leads to failure. Assign dedicated personnel to manage this, and employers should observe employee behavior, work attitudes, and performance to promptly identify potential risks that may trigger labor disputes. Once issues are detected, take immediate measures to prevent disputes from escalating into a costly stalemate.