论文部分内容阅读
案例回放本刊2005年第7期《会诊台》刊载案例反映:宋玉兰在四川省盐业总公司旺苍支公司(以下简称公司)从事小袋盐加工工作,双方没有签订劳动合同或劳务合同。工资支付方式是计件工资,即每装一吨盐7元,每月由各装盐小组统一到公司领取,再按个人装盐的数量分配到个人。因公司提出终止工作关系,宋玉兰在要求经济补偿金时涉及劳动关系的确认。宋玉兰认为自己在公司工作长达10多年,公司对自己有支配权,所以应当存在劳动关系。而公司则认为其工作十分自由,工作时间由其自行决定;公司调整其工作也需经本人同意,且其工作时间不固定,最短1年只有5个月,因而认为双方属于劳务关系。
Case Replay Issue 7, 2005 “Consultation Desk” The published case reports reflect that Song Yulan was engaged in the processing of sachet salt at Wangcang Branch Company of Sichuan Salt Industry Corporation (hereinafter referred to as the Company), and both parties did not sign the labor contract or labor service contract. Wage payment is piecework wages, that is, each loaded with a ton of salt 7 yuan a month by the salt group uniform to the company to receive, and then the amount of personal salt distribution to individuals. Because of the company to terminate the working relationship, Song Yulan in the request of economic compensation involved in the confirmation of labor relations. Song Yulan that they work in the company for up to 10 years, the company has the power over their own, so there should be labor relations. However, the company considers that its work is very free and its work time is at its sole discretion. The company needs its own consent to adjust its work and its working hours are not fixed, with a minimum of 1 year of only 5 months. Therefore, both parties are regarded as labor relations.