[1] Unable to distinguish labor from service, Zhiming lawyer argues right from wrong
Recently, Guangdong Zhiming Law Firm received a favorable labor arbitration award, with all of the opposing party's claims dismissed, achieving a complete victory! Let's see how Lawyer Li Zuolin shone in this case.
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In 2022, A approached B, the boss of Red Star Company, seeking a job opportunity, and the two parties entered into a labor contract based on an hourly wage cooperation model. However, A, who worked sporadically, not only failed to cherish this opportunity but even turned around and sued Red Star Company under the pretext of a "labor relationship dispute," demanding back pay, social insurance contributions, and even compensation.
After being recommended by industry peers, Red Star Company learned that Lawyer Li Zuolin of Zhiming Law Firm had considerable experience in labor disputes. After a discussion with Lawyer Li, they immediately decided to entrust the matter to him.
After carefully reviewing all materials between Red Star Company and A, Attorney Li discovered that A did not work regular hours like ordinary employees, did not receive a fixed monthly salary, and had significant autonomy over work content, even disappearing for days without being disciplined by Red Star Company. This shows that A was not bound by Red Star Company's rules and regulations. Focusing on these key points, Attorney Li refined and improved the defense statement. As expected, hard work paid off, and the arbitration tribunal ultimately ruled that the relationship was a service relationship rather than an employment relationship, thereby dismissing all of Applicant A's claims.
Although the economy is developing better and workers' legal awareness is growing stronger, companies are not welfare agencies. Dealing with unreasonable workers can be a headache. It is important to note that labor arbitration should not be taken lightly, as it affects corporate reputation and can lead to adverse legal consequences if mishandled. Therefore, in such situations, companies must consult professional lawyers and not handle matters casually.
After being recommended by industry peers, Red Star Company learned that Lawyer Li Zuolin of Zhiming Law Firm had considerable experience in labor disputes. After a discussion with Lawyer Li, they immediately decided to entrust the matter to him.
After carefully reviewing all materials between Red Star Company and A, Attorney Li discovered that A did not work regular hours like ordinary employees, did not receive a fixed monthly salary, and had significant autonomy over work content, even disappearing for days without being disciplined by Red Star Company. This shows that A was not bound by Red Star Company's rules and regulations. Focusing on these key points, Attorney Li refined and improved the defense statement. As expected, hard work paid off, and the arbitration tribunal ultimately ruled that the relationship was a service relationship rather than an employment relationship, thereby dismissing all of Applicant A's claims.
Although the economy is developing better and workers' legal awareness is growing stronger, companies are not welfare agencies. Dealing with unreasonable workers can be a headache. It is important to note that labor arbitration should not be taken lightly, as it affects corporate reputation and can lead to adverse legal consequences if mishandled. Therefore, in such situations, companies must consult professional lawyers and not handle matters casually.
