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On the morning of December 3, Judge Zhou Yimin of the
Enforcement Disputes Division of Jiading District People's Court conducted a
public hearing of a dispute over the confirmation of a labor relationship at
the Jiading District Labor Dispute Circuit Trial Station. More than 20
observers attended the hearing, including officials from relevant departments
of Anting Town, community social workers, and people's mediators.
The hearing centered on the key issue of "whether a labor
relationship had been established". During the trial, Judge Zhou provided
explanations of relevant labor arbitration rules in a timely manner, guiding
relevant parties to develop reasonable expectations and ensuring the smooth
conclusion of the hearing. After the hearing, Judge Zhou delivered a vivid
legal outreach lecture titled "Determining the Labor Relationship Between
Employers and Employees".
Beginning with the basic characteristics of labor
relationships, and set against the backdrop of the evolving market economy and
diversification of employment forms, Judge Zhou used plain language and
real-life cases to explicitly explain the core rules and key factors applied in
judicial practice when determining labor relationships. The lecture not only
clarified legal standards but also offered concrete guidance on how both
employers and employees can lawfully safeguard their rights and interests. In
addition, Judge Zhou also introduced a series of innovative measures adopted by
the Jiading District People's Court to support regional development and resolve
labor disputes, demonstrating the judiciary's proactive role in safeguarding
high-quality development.
Through the model of "circuit trials plus case-based legal
education", the court leverages the "small entry point" of
circuit hearings to address the "big picture" of grassroots
governance, extending the impact from "hearing one case" to
"educating a broader community and improving local governance". This
represents a vivid example of judicial services reaching the grassroots level
and empowering grassroots governance.
By bringing living legal practice to the front line, the
circuit hearing received favorable feedback from on-site observers.
Zhu Chenchun
People's Mediator, An'ting Town Judicial Office
"Prevention is better than cure. Society must be guided to
develop an awareness of standardized employment.
This circuit trial delivered a vivid rule-of-law classroom
right to our doorstep, and I benefited greatly from it." During the
hearing, Judge Zhou began with the essential characteristics of a labor
relationship, scrutinized the evidence in a rigorous and in-depth manner, and
presented clear, well-reasoned arguments that integrated legal principles with
practical considerations, reflecting a firm commitment to substantive justice.
The subsequent case-based legal explanation made it clear to me that
determining a labor relationship requires a comprehensive assessment of
substantive factors, such as employment management and the actual performance
of work, rather than relying solely on a written contract. This not only acts
as a caution for enterprises to standardize their employment practices, but
also reminds workers to heighten their awareness of evidence collection,
conveying the notion that "prevention is superior to cure". As a
mediator, I will adopt the judge's mindset of seeing through formalities to
grasp the essence, placing greater emphasis in mediation on uncovering the
parties' real demands and the true nature of the relationship, so as to promote
resolution of labor disputes in a flexible and amicable manner.
Zhou Xiajun
Fangtai Village Cadre in Charge of Labor Affairs
"It is important to sign contracts in accordance with the
law and nip problems in the bud."
As a village cadre, observing this hearing left a deep
impression on me. By bringing the courtroom to the grassroots level, the court
not only resolved a dispute but also delivered a vivid legal education session.
This is an authentic example of justice serving the people. Disputes over how
to identify labor relationships are common in our daily scenarios. Rather than
focusing solely on the written contract, Judge Zhou delved into actual work
content, employer management practices, and other factual circumstances. This
fact-based, reasoned approach was highly convincing. The judge's legal
reminders were particularly practical: a labor contract is not the sole form of
evidence while the actual employment relationship truly matters. Enterprises
must standardize contract practices, and workers should also be mindful to
preserve relevant evidence. This serves as a valuable reminder that, going
forward, we should strengthen the rule-of-law publicity in our village, help
residents enhance their awareness of rights protection, and guide enterprises
toward compliant employment practices, striving to resolve conflicts early and
while they are still minor. I hope that such down-to-earth circuit trials will
continue to be held regularly at the grassroots level.
>> Chinese Version
