Research On The Identification Of Labor Relations Of Insurance Agents

Chinese insurance industry has introduced an agent system for 26 years,and this system has made tremendous contributions to the development of the insurance industry.The insurance agent is the core of this system.The insurance company signs an entrusted agency contract with the insurance agent and entrusts the insurance agent to the insurance agent.Unlike the general trustee,although the insurance agent can decide the working time,place and method independently,but based on the particularity of the insurance industry,the insurance agent needs to accept the management of the insurance company,which is also to protect the interests of the insured.However,the insurance company's management of the insurance agent is essentially different from the company's management of the employee.The management of the latter creates a dependency between the two.Therefore,the insurance company must not conduct substantive management of the insurance agent,but the reality each company's management methods vary in life.The extent to which management is controlled is an important issue that determines the legal relationship between insurance companies and insurance agents.Although Chinese "Insurance Law" clearly stipulates that the insurance agent and the insurance company are acting as agents,but it is not explicitly excluded that the insurance agent is not a laborer,the court will determine the legal relationship between the two parties according to the circumstances of the case.Since there is no standard for the identification of labor relations of insurance agents in China,the laws and regulations and the factors to be considered are different.Therefore,in the case of such cases,there will be different judgments in the same case.Chinese academia generally believe that the legal relationship between the two parties cannot be determined based on the name of the contract.The relationship between the insurance agent and the insurance company should be determined based on the subordinate attribute recognition standard of the labor relationship and then combined with the working characteristics of the insurance agent.Based on the analysis of the refereeing standards of the labor relationship confirmation cases of the court insurance agents in China in the past ten years,this paper sorts out the existing literature and combines the particularity of the insurance industry to propose the specific criteria for determining the labor relations of insurance agents.