“打工人”成了“合伙人”，劳动关系还成立吗？

Core Viewpoint - The case highlights that the legal recognition of a partnership does not necessarily eliminate the existence of an employment relationship between workers and businesses [1][2][4] Group 1: Case Background - Liu signed a three-year labor contract with a coffee shop and later entered into a partnership agreement, investing cash and managing operations [1] - A dispute arose regarding wage standards, leading to Liu's dismissal from his position [1] - Liu applied for labor arbitration, claiming unlawful termination of his labor contract, which was initially rejected by the lower court [1] Group 2: Court's Ruling - The Chongqing Second Intermediate People's Court ruled that the law does not prohibit workers from being partners in individual businesses, and such partnerships do not automatically terminate labor contracts [2] - The court emphasized the existence of mutual consent to establish a labor relationship, as evidenced by the signed labor contract [2][3] - The court found that Liu maintained personal and economic dependency on the coffee shop, as his job responsibilities and salary structure remained unchanged despite the partnership [3] Group 3: Legal Implications - The ruling indicates a shift towards recognizing new forms of labor relationships, where partnerships and employment can coexist [4] - The court advised workers to be cautious of potential "partner" traps set by employers to obscure their labor status and evade legal responsibilities [4]