Answer: In principle, pure volunteers are not considered as workers under the legal system of employment law. However, in practice, employers may grant subsidies or provide benefits such as allowances or reimbursement to volunteers, at which time the situation will be somewhat complicated. The court will examine the agreement between the two parties, whether thereRead more about 9.Can a volunteer be an employee?[…]
Answer: It is a complicated legal issue to judge whether a work relationship is an employment relationship or an independent contractor relationship (It is called LaoWu relationship or also expressed as Guyong relationship in some of judicial decisions). Generally speaking, an contractor is not an employee and is not protected by employment law at all.Read more about 10.How do I distinguish between an employment relationship and a contractor relationship?[…]
Answer: The law provides different rules on the rights and obligations for employees under employment relations and contractors under contractor relations. For example, the former enjoys the most basic mandatory protection of employment rights, while the latter is entitled to freedom of contract and bargaining as an equal civil subjects. If you are an employee,Read more about 11.What are the different legal consequences of an employment relationship or a contractor relationship between myself and the company?[…]
Answer: The two types of employment relations, assignment contract and casual contract, still have the dependent characteristics of employment relation, and differ significantly from contractor relations that bear relatively independence and equality between the parties. An assignment contract with a period of time to complete a certain task is quite different from a contractor relationship.Read more about 12.What are the differences between employment relationships of an assignment contract, a casual contract, and a contractor relationships?[…]
Answer: In employment law practice, there are the following 4 types of special employment relations in daily life: The first is the particular type caused by the subject qualification of the employer. The Employment Contract Law stipulates that legitimate employers include enterprises, individual economic organizations, private non-enterprise organizations, state organs, institutions and social organizations. AmongRead more about 13.What are common special employment relationships in daily life?[…]
Answer: Whether a worker is an independent contractor should be judged comprehensively according to the essence of the relationship between the two parties and the subjective understanding of both parties. Chinese self-employed individuals are likely to be contractor, such as self-employed architects, scaffolders, welders, and self-employed electricians and plumbers. Of course, if these individual operatorsRead more about 14.What are the common contractor relationships in daily life?[…]
Answer: Yes, the employer is liable to compensation for your work-related injury. Workers under the age of 16 are considered child labor in China. Their labor skills and intellectual cognition are in the primary stage of development, so they are relatively immature, vulnerable, and fragile in physical and psychological aspects. Employment law adopts the principleRead more about 15.I am a worker of 15 years old. Should my employer assume the liability for my work-related injury?[…]
Answer: The relationship between a family member of the boss or actual controller of the employer works for the employer is a special situation. Different from ordinary employment relationship between employee and employer, the relationship involves domestic affection and kinship. Whether the relationship is an employment depends on the closeness of the relationship between theRead more about 16.Is the family member of the boss hired by the company considered an employee?[…]
Answer: It is a very complicated legal issue when an employer continue to employ an employee who have reached the statutory retirement age. See Can an employer terminate an employee who has reached retirement age? We will explain different situations as follows. In the first case, if the employee has started to receive basic pensionRead more about 17.If my employer continues to employ me after I reach the retirement age, do we still maintain the employment relationship?[…]
Answer: Your age has exceeded statutory retirement age. After the employer hires you and signs employment contract, the relation between both sides depends on whether you receive basic pension insurance payment (do not include insurance of urban social pension insurance of new-style rural insurance). If you already receive the basic pension insurance, even if youRead more about 18.I am 62 years old this year. The company recruited me and signed an employment contract with me. Is there an employment relationship between me and the company?[…]
