Core Points - The case highlights the challenges of establishing labor relationships in online recruitment, particularly when formal contracts are not signed [1][2] - The court ruled that even without a written contract, if evidence of employment exists, a labor relationship can be inferred [2] Group 1: Labor Relationship Establishment - The case involves an individual, Shi, who was recruited through a WeChat group and worked for a security company without a formal labor contract [1] - Shi was paid 260 yuan per day from November 13, 2022, to February 1, 2023, before being dismissed on February 3, 2023 [1] - Shi sought arbitration for unpaid wages and compensation, which was supported by the labor arbitration committee [1][2] Group 2: Court's Ruling - The court emphasized that a labor relationship requires a written contract, but if evidence of employment is provided, it can establish the relationship [2] - Shi provided various documents, including wage records and attendance logs, to prove the existence of an employment relationship [2] - The company failed to provide evidence to support its claim that no labor relationship existed, leading the court to rule in favor of Shi [2]
通过微信招工应聘是否构成劳动关系(以案说法)
Ren Min Ri Bao·2025-10-29 22:25