An Analysis Of The Labor Dispute Between Yu Et Al And An Company

In the labor disputers，it is fundental and pivotal to confirm whether the laborrelation is objective existing. The case between Yu et al and the company are focouson two controversies. One is whether there is the actual hiring relationship betweenYu et al and Zi Guang Gu Han company.The other is should Yu et al obtain a doublewages for failing to sign a written employment contract. The conclusion is dividedinto three parts. Firstly, Zi Guang Gu Han company has not supervised the labor Yu etal and not provided labor remuneration and working conditions. What Yu et al havedone is not a part of Zi Guang Gu Han company’s business. So there is not an actualhiring relationship between Yu et al and Zi Guang Gu Han company. Secondly, thesystem of compensating a double wages is designed to promote and develop signingwritten employment contract. The application of the system is based on the existenceof an actual hiring relationship. Because there is not an actual hiring relationshipbetween Yu et al and Zi Guang Gu Han company, Yu et al can obtain thecompensation of a double wages. In addition, there are three other sponsors in thiscase, except Zi Guang Gu Han company. They bear joint liability for the expenses ofproviding wages for Yu et al. They are class-action parties. The court should add thethree sponsors as co-defendant. At last, there are problems lying in the nature of thelabor behavior of the company in establishment. As the company in establishmentdoesn’t have capacity of civil subject, the relations between the company and theworkers are only ordinary labor relations which don’t change with the nature of thesponsors.