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Chapter 574 Refute
"However, there are also obvious differences between the labor relationship and the labor relationship. The main difference is that after the contract or agreement is signed, the two parties in the labor relationship are always in an equal civil legal relationship. There is no relationship between management and management, and the remuneration is based on work. The results are settled.

While the two parties in the labor relationship seem to be equal when signing contracts or agreements, the workers are actually in a disadvantaged position. Although the two parties can negotiate on the content of the contract, most of the time the workers have no right to speak.After the labor contract is signed, the relationship between the laborer and the employer is a subordinate relationship. The laborer is managed by the employer and must abide by the labor discipline of the employer. The relationship between the employer and the employee is the relationship between management and being managed.

The subordination of both parties in status is also the essential feature of labor relations, which can be specifically expressed as personality subordination and economic subordination.

Back to this case, according to the notarized emails, the plaintiff reported weekly work and project progress to the defendant’s general manager, accepted the defendant’s management, and adjusted the project and related personnel according to the defendant’s will.Moreover, the plaintiff must submit an application to the defendant every time he asks for leave, and the defendant's attendance staff will make statistics on the plaintiff's attendance and link it with his salary.This shows that the relationship between the plaintiff and the defendant conforms to the dual characteristics of personality subordination and economic subordination in the labor contract, which is sufficient to determine that there is a labor contract relationship between the defendant and the plaintiff.

complete! "Wang Chuan said.

"The defendant believes that even if the "Cooperation Agreement" coincides with certain characteristics of the labor relationship, it cannot be regarded as a written labor contract signed by both parties, and the labor-related content agreed in the agreement should be invalid." Unable to say Wang Chuan, he started messing around.

"Defendant, do you mean that some clauses in the Cooperation Agreement are invalid?" asked the male judge.

"Yes." The female legal officer said.

"Specifically which clauses are invalid, you can specify!" The male judge said.

"Article [-], Article [-], and Article [-]..." the female legal officer said while reading the "Cooperation Agreement".

"Defendant, what legal basis do you think certain clauses of the "Cooperation Agreement" are invalid? Please list the specific legal provisions or clauses." The male judge asked with interest.

Wang Chuan could tell that there was a hint of sarcasm in his tone, but the words he asked were hard to find fault with.

"The basis is..." The female legal officer got stuck in the middle of her sentence, her whole face flushed red, she lowered her head and didn't dare to look at the judge, she could only keep flipping through the documents on the table to cover up her embarrassment.

Who the hell knows what the legal basis is, she was just talking casually just now!

"Plaintiff, please express your opinion on the validity of the relevant clauses of the "Cooperation Agreement." The male judge looked at Wang Chuan with a trace of helplessness in his eyes.

"The plaintiff believes that, first, the current effective law does not clearly stipulate what the specific "written" form of the labor contract is. According to the previous cases of the Imperial Court, the labor contract can be a version formulated by the regular labor bureau, or it can be a contract between the two parties. If you draft your own text, or even use a form to stipulate the rights and obligations of both parties, or use the name of a labor contract or cooperation contract to implement the labor contract, the court will also determine that the two parties have signed the labor contract. It can be seen that the form is not important, but the substance.

Second, Article No. 20 of the "Labor Contract Law" stipulates the invalidity of labor contracts, and does not regard labor contracts lacking essential clauses as invalid.

Judging from the original intention of the legislation and judicial practice, the lack of necessary clauses in the labor contract does not affect the validity of the labor contract in essence.

In this case, the "Cooperation Agreement" already has some of the necessary clauses in the written labor contract: for example, both the plaintiff and the defendant are eligible subjects stipulated in the "Labor Contract Law", and the agreement has a clear job position and responsibilities, wages and other labor contracts. The content of the remuneration, and the contract is signed and sealed by both parties, and the form is relatively complete.

Although the "Cooperation Agreement" does not fully contain all the necessary clauses of the labor contract, the lack of the necessary clauses does not affect the effectiveness of the clauses in the "Cooperation Agreement".

In summary, the plaintiff believes that the "Cooperation Agreement" signed by the two parties can play the same role as a written labor contract in fixing the rights and obligations of the labor relationship between the two parties, which is sufficient to determine that the "Cooperation Agreement" has the nature of a written labor contract.

complete! "Wang Chuan said.

……

When Wang Chuan was about to leave after signing the transcript, the male judge stopped him and asked him to write down the opinions expressed during the trial and submit a proxy statement to the court.

Wang Chuan understood that what he said just now was impassioned, and his speech was a bit fast, and the clerk did not record all of them. Later, the judge had to ask him for the proxy words to be written into the verdict.

On the way back, Wang Chuan stopped by Gao Jun's Yuanda Company and told Hong Gong about the trial.After Hong Gong left the office, Gao Jun talked with Wang Chuan about the financing.

"Brother, last time my brother said that if you can help the company raise funds, my brother will give you two points of service fee. This time my brother raised a total of 900 million yuan. Your 900 million yuan is not counted, and the remaining 3000 yuan The 60% service fee is [-] yuan..." Gao Jun was interrupted by Wang Chuan in the middle of his words.

"Brother Gao, you transferred 60 yuan to me just after the company's financing was completed. If you let other people know, you may not know how to arrange me behind the scenes. You'd better run the company well and give us more dividends when the time comes!"

The funds used for this financing are Azi Investment Company and his own funds. If it is other people’s funds, he should take the service fee as a matter of course, but half of Azi’s investment is based on his face, out of trust in him, If Wang Chuan took the service fee, it would be hard to say.He was afraid that Ah Zi would find out about it in the future and would become suspicious, so it would be difficult to explain.

"Brother, don't think too much. If you help the company, you are helping me. I will pay the money myself. Don't worry, I don't need a penny from the company." After all, Gao Jun has been working in the mall for many years. Then Wang Chuan's concerns could be seen.

Wang Chuan still wanted to refuse, but was pressed down by Gao Jun.

"Brother, listen to me. You have to take the money, which is what you should take. If you are afraid of being told, I can hire you as my personal legal consultant. The 60 is the consulting fee, and I will send the money directly to you The bank account of the law firm!" Gao Jun laughed.

Seeing what Gao Jun said, Wang Chuan couldn't refuse anymore, so he nodded in agreement.After the two parties signed the personal legal counsel agreement, Gao Jun deposited the money into the bank account of the law firm.

Wang Chuan came out of Yuanda Company, and on the way back to the law firm, he thought about it and made a decision. He decided to tell Ah Zi about it.

(End of this chapter)