Analysis Of The Case Of Labor Disputes In Vehicles Affiliated Operation

Recent years, vehicles affiliated operation has become a special phenomenon exists widely in transportation industry, and in this mode of operation, the labor dispute become more and more frequently. However, at present, there is a big controversy and difficult to reach a consensus between scholars for the labor dispute which emerges in this mode of operation, especially the issue of determining workers and employers have or haven’t the employment relationship. In practice, judges can only make discretion with their own understanding in the trial of such cases, which results in different rulings on the same facts between courts across the country and makes the parties cannot be convinced for the rulings. It not only infringes upon the legitimate rights and interests of the parties, but also violates seriously the fairness and justice of the law. Therefore, it’s necessary to discuss and analyze such cases in theory in order to reach a consensus as quickly as possible and safeguard the unity of the law.There are three parts in this paper. The first part introduces mainly the basic facts of the case, labor disputes in the operation of vehicles affiliated between Company A and Mr. Zhang, and two principal issues in dispute:the first is the employed driver and the affiliated enterprise have or haven’t the employment relationship; the second is the undertaking of the legal liability. The second part analyzes deeply the principal issues in dispute of this case. Firstly, the issue of determining the employment relationship is analyzed dominantly from three aspects, including the theoretical analysis on the determination of the employment relationship, analysis on legal relationship of vehicles affiliated operation and analysis on the determination of employment relationship in this case. Secondly, the undertaking of the legal liability is analyzed from two aspects, including the undertaking of the legal liability existing the employment relationship and the undertaking of the legal liability not existing the employment relationship. The third part illuminates the decision in this case and legal thinking. Different decisions between the court of first instance and the court of second instance lead to discuss the legal issues dealing with such cases. Two suggestions against the legal issues are put forward to:one is to identify clearly the standard of the employment relationship and another is to perfect the legislation of vehicles affiliated operation.This paper studies emphatically the principal issues of controversy in the case by analyzing a specific and typical case of labor dispute in the vehicle affiliated operation, thus the legal issues reflected by the case and similar cases and relevant suggestions are put forward, excepting to provide some theoretical reference and the legal basis for the trial of such cases in the future.