Temporary Porters Were Injured And Disabled.

The court of first instance decided in accordance with the contract relationship, and the porter was paid twenty thousand yuan. The final judgment decided the employment contract relationship, and the porter was awarded 7 yuan.

Usually in the household farm, near the enterprise warehouse need to load and unload goods to earn money, so that there is no labor contract signed between the porters and enterprises.

Recently, the intermediate people's Court of Quzhou, Zhejiang gave the answer to this question: the porter and the company belong to the employment contract relationship.

Liu is such a

When idle, they will go out with other villagers to make money.

In July 30, 2014, Liu went to the warehouse of a calcium carbonate company in Zhejiang to work as a loader.

Under normal circumstances, the company will phone him to the warehouse to load and unload goods.

He also asked several villagers to work together, and the two sides calculated the remuneration according to the standard of 12 yuan per ton, without signing relevant written contracts.

In August 3, 2014, when Liu was loading goods in the warehouse, he accidentally deposited his left foot in the warehouse and collapsed to the hospital. He was admitted to the hospital for treatment. He was diagnosed with a fracture of the left anterior cruciate ligament and a rupture of the medial collateral ligament of the left knee. He spent more than 40 thousand yuan on medical expenses and was rated as a nine grade disability.

After the incident, the company believed that Liu took the wrong way of handling the operation to lead to injury, and there was no relationship between management and management. The company was paid by Liu in accordance with the total amount of work, and Liu hired a village person to load and unload and paid wages respectively. Therefore, the company and Liu were contracted to compensate Liu for twenty thousand yuan.

After discharge, Liu also repeatedly negotiated with the company on relevant compensation issues, but failed.

The company was sued to court for compensation of more than 17 yuan.

The court of first instance held that Liu was in charge of the contract with the company.

As a "designated person", the company did not exist any instructions, instructions or appointing negligence in the contract, so it rejected Liu's claim. The company voluntarily compensated Liu for twenty thousand yuan.

Liu refused to accept the result and filed an appeal.

Recently, the intermediate people's Court of Quzhou city of Zhejiang province made a final judgment, affirming that the two sides are the employment contract relationship, and revoked the first instance judgment, and ordered the company to compensate Liu Mou for over 7 yuan.

The judge pointed out that the employment contract relationship refers to the employees engaged in production or business activities or other labor activities within the scope of the employer's authorization or instruction. Employees generally work on the basis of employer's equipment and technology, and the employees provide labor services and the employer pays the remuneration.

Contract relationship is a contract for the contractor to complete the work according to the requirements of the ordering party, and the remuneration of the employer.

Although the relationship between the employment contract and the contract of a contract exists for providing services, the employment contract relationship is for the purpose of providing labor services, while the contractual relationship is for the purpose of providing labor services, and for the purpose of completing a certain work, the contractor is not subject to the direction and management of the ordering party.

The intermediate people's Court of Quzhou held that Liu handled the CaCO3 for the company, providing simple labor services and not delivering the results of a certain work. At the same time, the loading and unloading of the goods by Liu and its employees was carried out to the appointed place to a certain extent by the command and supervision of the company, and it was not completely independent. The two sides agreed to pay according to the ton, which was a way of payment for the service remuneration, so the two sides were employed as a contract of employment.