Special Liquidation Committee of Beijing Hualuxian Functional Food Co., Ltd. v. Gao Ran (case regarding dispute over labor)

[Judgment Abstract]

In accordance with the provisions of Article 108 of the Civil Procedure Law of the People's Republic of China, the following conditions shall be met before a lawsuit is filed: (1) The plaintiff shall be a citizen, legal person, or an organization having a direct interest with the case; (2) there shall be a specific defendant; (3) there shall be a concrete claim, a factual basis, and a cause for the lawsuit; and (4) the lawsuit shall be within the scope of civil lawsuits to be accepted by the people's courts and within the jurisdiction of the people's court to which the lawsuit is filed. Accordingly, a plaintiff in a civil case should have specific claims, facts and reasons when suing. A plaintiff, as a party to a civil case, has the right to entrust one or two agents ad litem to participate in the litigation in order to increase the probability of winning the case. All agents ad litem should conduct civil agency activities at the request of the client and jointly help the client win the case. However, where the claims of different agents ad litem entrusted by the plaintiff are diametrically opposite, the court cannot determine the specific claims of the plaintiff. Therefore, at this time, the people's court should dismiss the plaintiff's suit on the grounds that the plaintiff's suit does not comply with the law.

Xiamen Software Industry Investment Development Co., Ltd. v. He Buliang and Xiamen Dian Technology Co., Ltd. (as a third party) (case regarding labor dispute)

[Judgment Abstract]

Wages refer to the labor remunerations paid by employers to their employees in currency in accordance with relevant provisions of the state and the agreement between both parties to an employment relationship. According to the relevant terms of the Labor Law of the People's Republic of China, laborers have the right to obtain labor remunerations, while employers should pay all the wages to the laborers themselves in currency. The wages payable to laborers should not be deducted or delayed without reason. The wages in arrears are deemed as debts of the employer. In accordance with the relevant judicial interpretations, the debts of a unit without legal person status should be undertaken by its founders. Where a laborer is assigned to work in a factory jointly founded by the unit with which the laborer signs a labor contract and a third party, even if the laborer does not sign any labor contract with the factory, the de facto labor relation has been established between both parties. Based on the analysis above, the debts, i.e., the wages in arrears, of the factory without the qualification of civil subject should be paid off by the founders of the factory. In other words, the original unit of the laborer and the third party should assume the joint and several liability of the debts.

Ma Shenglan and Other 529 Rural Migrant Workers v. Qinghai Dadi Ecological Landscape Technology Development Co., Ltd. and Agricultural Technology Extension Center of Huzhu Tu Autonomous County (case regarding dispute over a service contract)

[Judgment Abstract]

In accordance with Paragraph (1) of Article 16 of the Labor Law of the People's Republic of China, labor contracts are agreements to affirm and clarify the rights and obligations of employers and employees in the labor relationship. Accordingly, a labor contract can be used to settle the rights and obligations of employers and employees, but are not necessarily the sole basis for determining the existence of a labor relationship between both parties. Therefore, where the parties concerned have specified their rights and obligations with the nature of an employment relationship but in the absence of a labor contract, a court can still rule the factual employer together with the formal employer to assume the joint and several liability for the remunerations of laborers.

 From：www.chinalawinfo.com