Network Delivery Encountered Labor Contract Disputes

With the advent of the "Internet +" era, with the emergence of express companies, Didi companies and network restaurants, many new types of employment, such as express workers, dripping drivers, net cooks and other people's livelihood services, are becoming more and more complex.

Due to the mixture of labor relations, labor relations, agency relations and franchise relations, the legal relationship between the provider of the labor and the recipient of the product is becoming more and more blurred.

Therefore, we should pay more attention to the protection of the rights and interests of workers when the old and new employment patterns are intertwined.

Hu Yong, a rural youth, has no condition to go to university because of family financial difficulties.

Out of the high school gate, it entered the labor market.

Not long ago, he received a telephone call from a courier company, and went to work for a courier who received payment by sending and receiving pieces.

After a while, he found that the company did not give him social insurance.

When he asked to make up the payment, the company dismissed him on the grounds of "many things".

At that time, he had worked for more than six months in the company, so he put forward a request for double pay.

The company refuses to give an oral notice, that is, the labor contract.

Comment: no matter new or old employment, various forms.

The employer should notify workers in writing or in writing, and generally inform workers about their place of work, time and remuneration.

Is this kind of notice in the "net +" new type of employment, whether it belongs to the labor contract.

In accordance with the provisions of the sixteenth and nineteenth articles of the labor law, the labor contract is an agreement between the laborers and the employing units to establish labor relations and clarify the rights and obligations of both parties.

A labor contract must be signed when establishing labor relations.

The labor contract shall be concluded in writing and shall have the following clauses: (1) the term of the labor contract; (two) the contents of the work; (three) labor protection and

(four) labor remuneration; (five) labor discipline; (six) conditions for termination of labor contracts; (seven) violation of labor contracts.

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"The regulation" applies to the old form of employment and the new form of employment.

The articles that do not possess the above labor contracts, even in written form, are not labor contracts, not to mention oral job notifications.

And the employer's "Notice of employment" is not an agreement between the two parties, but a unilateral act of one side.

It is illegal for employers to conclude written labor contracts without workers.

The eighty-second article of the labor contract law has made a punitive provision for compensation for the actual losses of the injured party. The employer shall compensate the employer for a written labor contract which has not been working for more than one month after the date of his own employment for more than a month, and shall pay two times the monthly salary to the worker.

Regardless of the old and new employment form, we should confirm whether there is labor relationship between the employer and the laborer. We should still consider the provisions of the notice of the Ministry of labor and social security on the determination of labor relations related matters: (1) employers and workers comply with the main qualifications stipulated by laws and regulations; (two) the labor rules and regulations formulated by the employing units according to law are applicable to workers, the labor management of the employing units and the remunerated labor arranged by the employing units; (three) the labor provided by the workers is the constituent part of the business of the employing units.

In this case, Hu's request for double pay should be supported by law.

If the employer fails to pay, he may apply for the execution of the labor administrative department.