Should the agent's arrears of salary courier pay the salary?

Because regional agents did not pay their own employees in full, a courier company was ruled by a labor arbitration agency to request the payment of the salary of the agent employee. The company did not accept the ruling made by arbitration agencies, and then claimed to the Court of Langshi as the defendant and agent as the defendant and agent. Recently, there is no labor relationship between the courier company and the agent employees in accordance with the law, and there is no need to pay the wage difference.

Cases> Who should ask who should ask for the salary if he gets the salary in full?

In August 2020, Li Mou, an operator of a freight transport service department in Lai City, found that the express delivery industry was favorable, so he found a well -known courier company and planned to do the company's regional agency business. On August 10, 2020, Li Mouyang's son Li Mouyang and the legal representative of the express company signed an agency contract for the express delivery business area. The contract stipulates that a freight transport service department is engaged in the company's courier business in the Donghong Road area of ​​Pucheng City. It operates independently and accounts independently. After the contract was signed, a freight transport service department paid 20,000 yuan in risk margin to the courier company. The courier company pays the remuneration to Li Mouyang every month at a unit price of 0.7 yuan per piece.

In October 2020, Min Mou applied to a freight transport service department for express delivery work. The agreed remuneration was 0.8 yuan per piece. As the courier company calculated at 0.7 yuan per piece, the difference was 0.1 yuan by the freight transport service department.

In June 2021, Min did not get paid from Li Mouyang in full, and then asked Li Mouyang via WeChat. The two sides argued due to different identification of the bill. Subsequently, Min Mou asked Huang to ask Huang to ask Huang through the work of the WeChat group, and said that he would solve the arrears of compensation with Li Mouyang. During the chat process, Huang said: "The area is contracted to him (Li Mouyang), you have something to do with him, and it has nothing to do with the company." Min told Huang: "So I just want to find him Only trouble you. "

What the express company and Huang did not expect was that on September 7, 2021, Min Mou applied for labor arbitration to the Labor and Personnel Dispute Arbitration Commission of Lianshi City, asking the express company and the freight transport service department to pay them in June and July 2021 The salary is 6,000 yuan, the economic compensation of the labor relations is 4,500 yuan, and the double wages of the written labor contract are 36,000 yuan. On January 10 this year, the Labor and Personnel Dispute Arbitration Commission made an arbitration award, and the courier company paid Min Mou from June to July 2021 to July to July 2276.58 yuan, relieved the labor contract economic compensation of 3483.71 yuan, and did not sign a written labor contract without signing a written labor contract. The double wage difference is 24385.97 yuan, totaling 30146.26 yuan.

"Lying the gun" for no reason, the legal representative of the courier company Huang was very depressed. Later, the courier company sued Min Mou to the Yishi Court and added the freight transportation service department to be a third party. There is no labor relationship between a certain period, and there is no need to pay the wage difference, economic compensation, etc. of the ruling identification.

Judgment> There is no labor relationship between the two parties

Recently, the Court of Langshi applied the simple procedures to open the trial of the case.

During the trial, the plaintiff courier believed that the arbitration decision made by the Labor and Personnel Dispute Arbitration Commission of the Yishi City was incorrect. First, there is a regional agency relationship between the plaintiff and the third party. The third party has been authorized to engage in express service operation activities in a specific area. Second, there is no labor relationship between the defendant Min and the plaintiff, and there is a factual labor relationship with the third party. Third, the defendant's work was arranged by a third party, and the salary was also paid by a third party. Therefore, there is no labor relationship between the original and the defendant, and there is no need to pay the relevant costs.

The defendant Min Mou argued that he had been working on the plaintiff's work clothes in his daily work, and passed the plaintiff's WeChat group and APP to receive orders and partners. According to the chat records provided by the plaintiff and Li Mouyang's statement, his labor remuneration was arranged by the plaintiff, and then issued through Li Mouyang.

The court trial believes that the identification of labor relations should be comprehensively considered from factors such as subject qualifications, management, personal attributes, and labor nature. In the case, the plaintiff signed a courier agency contract with the third party, and the third party paid the risk margin to the plaintiff. At the same time, the original and defendant's previous WeChat chat records also reflected that there was no labor relationship between the two sides, and the defendant knew it. Therefore, the labor relationship between the original and the defendant cannot be determined.

In the end, there was no labor relationship between the plaintiff and the defendant Min Mou; there was no need to pay the wage difference from the defendant Min Mou, the economic compensation of the labor contract, and the double wage difference between the labor contract.

● Lawyer saying

If you identify the labor relationship, you need to consider management, personal subordinate attributes and other factors

Yang Guochun, a lawyer of Sichuan Kunhong Law Firm, said that according to the first article of the Ministry of Labor and Social Security's "Notice on Establishing Labor Relations", "the employer recruits the laborer without a written labor contract, but at the same time, it has the following situations, but at the same time, it has the following situations. Establishment of labor relations. (1) Employers and workers meet the subject qualifications stipulated in laws and regulations; (2) The employers formulate various labor rules and regulations in accordance with the law. Revenue labor arranged by the unit; (3) the labor provided by the workers is an integral part of the employer's business. "It can be seen that the identification of the labor relationship must be comprehensively comprehensively from the subject qualifications, management, personal attributes, and labor nature and other factors. Considering. Judging from the facts found in the court, the courier company and a freight transport service department are independent contracts signed by the two equal subjects between the two equal subjects. According to the relative principle of the contract, the contract only occurs between the parties between the parties. legal validity. As for the contract, the freight transport service department hired Min Mou to engage in express delivery work. The courier company did not participate in it. During this period, the courier company neither paid for labor, nor management and work arrangements. Therefore, the courier company, the courier company There is no above situation stipulated by the Ministry of Labor with Min Mou, so there is no labor relationship between the two parties.

All media reporter Zeng Changwen

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