Does Housekeeping And Housekeeping Companies Constitute Labor Relations?

In March 17, 2016, Zhang, a housekeeper, introduced to a client Wang Mou house for cleaning work through a housekeeping company.

Homemaking company and Zhang agreed that the labor remuneration provided by Zhang and Wang could be negotiated by themselves. The domestic company paid intermediary fees by 10% of the labor remuneration, and the daily management of housekeeping companies did not interfere.

In March 19th, Zhang fell down from a 2 meter high ladder when he cleaned the house, causing his right hand fracture and requiring hospitalization.

In the payment of subsequent medical expenses and work-related injuries, Zhang had a dispute with his home economics company.

Zhang believes that his work is introduced by a housekeeping company, and there is a real labor relationship with domestic companies, and injured at work time, medical expenses and work-related injuries should be borne by domestic companies, while domestic companies argue that Zhang is injured when he provides cleaning work for Wang, and domestic companies are intermediaries.

There is no labor relationship with Zhang. Domestic companies should not be charged with medical expenses and work-related injuries.

After negotiations failed, Zhang submitted industrial injury according to relevant regulations, and the administrative department for industrial injury informed that labor relations should be recognized first through labor dispute arbitration.

Subsequently, Zhang applied for labor dispute arbitration and requested confirmation of the fact labor relationship with the domestic company.

The focus of controversy in this case is: does domestic company only act as an intermediary company and has labor relations with domestic workers?

According to the first provision of the notice on the establishment of labor relations matters, "the employer has not signed a written labor contract to employ laborers, but at the same time, the labor relations have been established.

(1) employing units and workers comply with the main body qualifications stipulated by laws and regulations; (two) all work done by employers in accordance with the law.

It is applicable to the labor management of the laborers and the employing units, engaging in remunerated labor arranged by the employing units; (three) the labor provided by the laborers is an integral part of the business of the employing units. "

Thus, the establishment of labor relations refers to the relationship between rights and obligations arising from employing laborers as their members and laborers providing remunerated labor under the management of employing units. The internal relationship between management and management, command and obedience is established between employers and laborers. Labourers are not only employed by employees of the employing units, but also are part of the business of employing units.

In practice, do domestic and domestic companies exist?

It can be divided into two situations: first, the domestic company only acts as an intermediary company to collect intermediary fees, and the work content and remuneration of housekeeping personnel are determined by the domestic staff and the employers themselves, and paid directly by the employer to the housekeeping personnel.

Under such circumstances, there is no labor relationship between domestic and domestic companies.

Two, housekeepers are sent to the employer's home service by housekeeping companies. The work contents and salaries of housekeepers are determined by domestic companies and employers, paid by housekeeping companies to housekeepers, and housekeeping personnel are not directly related to employers.

Under such circumstances, housekeepers are employees of domestic companies and have labor relations with domestic companies.

In this case, the homemaking company introduced Zhang Mou to the customer's Wang family for cleaning work in an intermediary mode. Only intermediary fees were collected. Zhang's work contents and remuneration for cleaning work were determined by Zhang and Wang, and the domestic management company did not take any form of management. Judging from the performance of the rights and obligations of both parties, it was not consistent with the constitutive requirements of labor relations.

Finally, the Arbitration Commission tried to dismiss Mr. Zhang's arbitration request.