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为单位服务5年原来还是劳务关系申诉人孔某于1995年2月应聘到港商投资开办的某通讯设备有限公司担任产品营销员,当时双方未签订劳动合同或聘用协议。孔某在工作期间,劳动报酬按其营销业绩领取提成。5年来,尽管孔某在公司推销产品取得较好成绩,但公司始终未将孔某当作正式员工看待,亦未给其办理养老保险。2000年6月,孔某因故离开公司,并向当地劳动争议仲裁委提出仲裁申请,要求公司为其补办养老保险。仲裁委受理该案后,公司辩称,孔某在公司期间,双方没有签订劳动
Service for the unit for 5 years or the original labor relations The complainant Kongmou in February 1995 to Hong Kong businessmen to apply for investment in a communications equipment Co., Ltd. as a product salesman, when the two sides have not signed a labor contract or employment agreement. Kongmou during work, labor compensation according to their marketing performance to receive a commission. In the past 5 years, despite the good performance of Kongmou selling products in the company, but the company has not been regarded as a regular employee Kongmou, nor for its pension insurance. In June 2000, Kongmou left the company for any reason and filed an application for arbitration with the Arbitration Commission of Labor Dispute, asking the company to re-submit the pension insurance. Arbitration Commission accepted the case, the company argued that Kongmou in the company, the two sides did not sign the labor