Legal Interpretation: Is Labor Relationship Or Volunteer Service Relationship?

Du Wei, director of the legal aid workstation for migrant workers in Chengdu, Sichuan, received a thank-you letter saying: "thanks to your help, we have safeguarded our legitimate rights and interests."

In March 4, 2015, Li Rui and Xia Tao of migrant workers moved to Chengdu. Federation of trade unions It is reported that a social organization in their unit did not sign labor contracts and did not purchase social insurance. The Chengdu Federation of trade unions attached great importance to it, and appointed the National Lawyer for protecting the rights and interests of employees, and Duwei, a lawyer of the Chengdu Federation of trade unions, to provide legal aid to them. Du Wei immediately contacted the parties to understand the case, collect relevant evidence, and inquire legal provisions and related cases. After investigation and verification, Du Wei believed that the social organization was a public welfare organization. Although volunteers could be recruited, Li Rui and Xia Tao belonged to full-time volunteers. The two sides established labor relations rather than voluntary service relations.

"Labor disputes, arbitration It's a convenient way to solve problems. " Du Wei said that he had applied for labor arbitration for Li Rui and Xia Tao. Soon, the Chengdu labor dispute arbitration committee decided to support their demands. However, the social organization refused to accept the arbitration award and prosecuted the people's Court of Qingyang District of Chengdu. In the trial, Du Wei lawyers based on the facts and took the law as the criterion, launched a heated debate with the other agent about whether the two parties should establish a labor relationship or volunteer service relationship, and whether they should buy social insurance for the parties. Du Wei believed that Li Rui and Xia Tao should be arranged by the social organization to accept the labor management of the social organization and receive the corresponding wage remuneration, which should be consistent with the establishment of the Ministry of labor and social affairs [2005]12. Labor relations There is a factual labor relationship between the two sides in the provisions of articles 1 and second of the notice on related matters. At the same time, he also believes that public organizations should abide by discipline and abide by the law in employing people, and earnestly safeguard the legitimate rights and interests of workers.

Finally, the people's Court of Qingyang District of Chengdu decided that the social organization paid Li Rui and Xia Tao two times the salary of 11977.10 yuan and 18384.76 yuan of labor contracts.

The social organization refused to accept the case and appealed to the Chengdu intermediate people's court. After hearing, the Chengdu intermediate people's court dismissed the appeal of the social organization and upheld the original judgment of the first instance. After the decision came into force, the social organization refused to comply with the court decision. Du Wei solicitor applied for compulsory execution to the people's court, and finally recovered the two times of the salary he needed for the recipient during the execution stage. After receiving the salary, Li Rui and Xia Tao expressed their gratitude, specially sending a banner to Du Wei's lawyer.