Guiding Case No. 179: Nie Meilan v. Beijing Lin Brothers Culture Co., Ltd. (case of confirmation of an employment relationship)(Deliberated and adopted by the Judicial Committee of the Supreme People's Court, issued on July 4, 2022)
civil; confirmation of an employment relationship; cooperative joint venture; a written employment contract
[Key Points of Judgment]
1. Where eligible parties to an employment relationship sign an agreement in the name of "cooperative joint venture," but the rights and obligations of both parties as agreed in the agreement and the actual performance situations satisfy the standards for confirmation of an employment relationship and the employee claims that there is an employment relationship between him or her and the employer, the people's court shall support such claim.
2. Where the written agreement signed by and between the employer and the employee contains job descriptions, labor remunerations, time limit of the employment contract, and other items complying with clauses of an employment contract as prescribed in Article 17 of the Employment Contract Law, and the employee claims that the employer should pay him or her compensation one time the salary on the ground that the employer does not sign a written employment contract with him or her, the people's court shall not support such claim.