The court has ruled that there is a dispute arising from employment and resignation
2023-08-01
Employment, as the foundation of people's livelihood and the source of wealth, is the greatest livelihood. Urge enterprises to use labor in accordance with the law is a powerful tool for implementing the employment priority strategy. Labor disputes, as a high-level type of court cases, often occur throughout the entire process of enterprise employment. Recently, the reporter sorted out some typical labor dispute cases heard by the Third Intermediate people's court of Beijing, in order to advocate the compliance of enterprises in employment and prevent legal hazards. Internship is conducted for the purpose of employment, and both parties establish a labor relationship from the date of employment. Xiao Wang obtained his graduation certificate on June 28, 2021. Before graduation, Xiao Wang joined a car sales company on May 2, 2021, working in car maintenance. The company did not sign a written labor contract with Xiao Wang, but provided internship subsidies on schedule. On May 20, 2021, Xiao Wang was injured at work and has not been on duty since then. In July and August 2021, a certain automobile sales company repeatedly notified Xiao Wang to return to work. Regarding the duration of the labor relationship, a certain automobile sales company stated that Xiao Wang had not graduated at the time of joining the company and was an intern at the time. The labor relationship between the two parties could only be established on June 29, 2021, after Xiao Wang graduated. During Xiao Wang's internship period, from May 2, 2021 to June 28, 2021, there was no labor relationship between the two parties. Both parties confirm that Xiao Wang resigned from a certain automotive sales company on August 27, 2021. Xiao Wang filed a labor arbitration request to confirm the existence of a labor relationship between the two parties from May 2, 2021 to August 27, 2021. The arbitration commission confirmed that there was a labor relationship between the two parties from June 29, 2021 to August 27, 2021. Xiao Wang refused to accept the arbitration award and filed a lawsuit with the court. After trial, the Beijing Third Intermediate People's Court believes that labor relations should be a continuous and relatively stable social relationship formed between workers and employers in the process of providing social labor and realizing labor value. On the one hand, Xiao Wang had already reached the age of 21 when entering a certain automobile sales company and had reached the age of labor capacity stipulated by law. On the other hand, a certain automobile sales company continuously managed Xiao Wang and notified him to return to work in July and August 2021. It can be concluded that Xiao Wang entered the company for the purpose of establishing a labor relationship with a certain automobile sales company. Xiao Wang's job at a certain car sales company is not the same as the internship conducted by college students for social practice purposes. Therefore, the labor relationship between the two parties should be established from May 2, 2021, when Xiao Wang joined the company. Xiao Chen, who violated multiple probation agreements and was sentenced to pay compensation, joined a construction company on June 7, 2018 as an expansion manager. The two parties signed five labor contracts with terms ranging from June 7, 2018 to June 6, 2021, from December 7, 2018 to December 6, 2021, from June 4, 2019 to June 3, 2022, from December 4, 2019 to December 3, 2022, and from June 4, 2020 to June 3, 2023. The probation periods were agreed to be three months and three months respectively For 6 months, 3 months, and 3 months, the monthly salary is agreed to be 8000 yuan before tax. Construction
Edit：Wang Chen Responsible editor：Jia Jia
Source：rmfyb.chinacourt.org
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