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The labor dispute between the applicant Peng mougang and the respondent a building technology engineering co., ltd. in Yunnan province

Cause of action

labor dispute dispute

Attorney:Li Zhangjian and Zhang Ding (Yunnan Datao Law Firm)

Brief introduction of the case

In the labor dispute case between the applicant Peng mougang and the respondent a building technology engineering co., ltd. in Yunnan, the applicant submitted an application for arbitration to panlong district labor and personnel dispute arbitration court on August 7, 2024, requesting: the 1. to confirm the labor relationship between the applicant and the respondent from November 21, 2020 to August 19, 2022; The 2. ruled that the respondent should pay the salary 6710 yuan owed by the applicant between November 21, 2020 and August 29, 2022; the 3. ruled that the respondent should pay the applicant twice the wage difference of 88000 yuan between September 29, 2021 and August 29, 2022 that did not conclude a labor contract.

The case was ruled by the Panlong District Labor and Personnel Dispute Arbitration Court, which rejected the applicant's claim.

Referee Summary

Labor relationship refers to the relationship of rights and obligations arising from the employer recruiting workers as its members and the workers providing paid labor under the management of the employer. The labor relationship has the characteristics of personal, economic and organizational subordination. Its essence is that the employee accepts the management of the employer and continuously provides labor and remuneration for the employer in a certain period of time.

Case assessment

This case is a labor dispute. The applicant requires the respondent to pay twice the wage difference of the unsigned labor contract on the grounds of confirming the labor relationship and the existence of the labor relationship.

For this type of case, first of all, the party acting for the respondent must first examine the specific cooperation mode between the applicant and the respondent in the usual cooperation, identify the differences between labor relationship, employment relationship and contract relationship, and determine what kind of legal relationship the case has actually formed according to factual evidence. Secondly, examine whether there is a limitation of time in the applicant's application, judging from the period stated in the application, if the limitation period for arbitration has expired, attention should be paid to whether there is any interruption or suspension of the limitation period. Finally, the disputes in such cases are similar, but the facts of the cases are very different. We must return to the case itself, carefully study the advantages and disadvantages of the existing evidence in this case, find evidence favorable to ourselves, and strive for it.

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