How to identify the labor relations of individual industrial and commercial households operating several stores

the determination of the labor relationship between workers and self-employed households is related to whether it is protected by the labor law, which only protects the labor relationship that does exist. So how to determine the labor relationship between employees and self-employed households and what are the related legal issues are told by Xiaobian below.

I. How to identify the labor relationship between employees and individual industrial and commercial households

Article 2 of China's Labor Law clearly stipulates: "This Law shall apply to enterprises, individual economic organizations (hereinafter referred to as employers) and laborers who form labor relations within the territory of the People's Republic of China." This regulation shows that the labor relations of all kinds of enterprises and individual economic organizations are regulated by the labor law.

article 54 of China's civil code defines the concept of individual industrial and commercial households, that is, citizens who engage in industrial and commercial operations within the scope permitted by law are individual industrial and commercial households.

to distinguish between labor relations and employment relations, the subject of labor relations is specific from the scope of the subject, that is, one party can only be an individual worker and the other party must be an employer; However, the scope of the subject of employment relationship is wider, and employment relationship can be formed between citizens with equal subjects and between citizens and legal persons. From the position of the relationship subjects, there is a subordinate relationship between workers and employers in labor relations, and workers should abide by the rules and regulations of employers and obey the management of employers; In the employment relationship, the rules and regulations of the employer are usually not binding on the workers, and the workers are relatively independent in practical work, and there is no subordinate relationship between them.

II. Three criteria for the determination of labor relations

(1) Employers and workers meet the subject qualifications stipulated by laws and regulations.

(2) The labor rules and regulations formulated by the employer according to law are applicable to laborers, and laborers are handled by the employer and engaged in paid labor arranged by the employer.

(3) The labor provided by the labor writer is an integral part of the employer's business.

these three norms actually include the investigation of "employer", "labor behavior" and "labor author". "Employer" is necessary to be "enterprise, individual economic organization, etc." in China's labor law. And "labor behavior" is the process in which the labor author engages in specific work and gets paid under the handling of the employer. It is also necessary for "labor writers" to have legal qualifications.

Pay attention to collecting the following evidences. If the author finds that the employer has not signed a labor contract with him, he should pay attention to collecting the following evidences in case of emergency.

(1) proof or record of salary payment (payroll for employees) and record of paying various social insurance premiums.

(2) the "work permit", "service certificate" and other documents that can prove the identity issued by the employer to the employee.

(3) Employment records such as "Registration Form" and "Registration Form" filled out by the author.

(4) attendance records.

(5) Testimonies of other labor authors, etc. Generally speaking, the author of labor should pay attention to collecting his own income credentials, identity certificates related to the employer, recruitment materials of the employer, certificates that the employer has handled the author of labor, and other certificates that can be used as circumstantial evidence. Where special instructions are needed, the reimbursement credentials of the employer, e-mails delivered on business, etc. are also valid basis. In a word, I can prove all kinds of things that I have worked in the employer.