When seeking employment or work, do not forget to sign a contract

This article is reprinted from Hebei Workers’ Daily

Don’t forget to sign a contract when seeking employment or work

Langfang Intermediate Court’s labor dispute case sounds a warning for rights protection

Our report: (Reporter He Yaohong) Recently, the Langfang Intermediate People’s Court issued a final judgment on the labor dispute case between Zhang Moujia and Hebei Moumou Co., Ltd. (hereinafter referred to as “Hebei Co.”) and the third party in the original trial, Beijing Moumou Co., Ltd. (hereinafter referred to as “Beijing Co.”), confirming that there was no employment relationship between Zhang Moujia and Hebei Co. from August 6, 2024, to October 30, 2024. This case serves as a warning to workers: always sign a written employment contract when looking for a job; otherwise, in case of labor disputes, defending rights will be extremely difficult.

The second-instance civil judgment by Langfang Intermediate Court shows that in August 2024, Zhang Moujia responded to online job advertisements and was introduced by intermediary Huang Mou to work at Hebei Co. (located in Gua’an County, Langfang City, which operates a courier transfer center). The two parties did not sign a written employment contract. On August 6, Zhang Moujia officially entered the company’s premises to provide labor, mainly responsible for loading and unloading express deliveries. The company provided him with food and accommodation. However, just two days later, on August 8, Zhang Moujia was injured while loading and unloading express packages in the company’s sorting hall and was subsequently taken to Gua’an Hospital for fracture surgery. An investigation found that the intermediary Huang Mou purchased a “Care Insurance” occupational comprehensive insurance for Zhang Moujia under the name of Moukai Technology (Hangzhou). However, Zhang Moujia never signed any written employment contract with Hebei Co., Beijing Co., or Huang Mou, nor could he provide clear proof of wage payments.

After being injured, Zhang Moujia believed he had a factual employment relationship with Hebei Co. and applied for labor arbitration, requesting confirmation of the employment relationship. On December 19, 2024, the Gua’an County Labor and Personnel Dispute Mediation and Arbitration Committee ruled in favor of Zhang Moujia’s claim. Hebei Co. was dissatisfied and filed a lawsuit, requesting a judgment that no employment relationship existed between it and Zhang Moujia, and added Beijing Co. as a third party in the original trial. Hebei Co. argued that it was the operating entity of a courier transfer center, where goods were stored at various loading points of the center, and each branch dispatched vehicles and personnel to load goods onto trucks, so loading and unloading express deliveries was not within the transfer center’s scope of business. The company claimed that it operated independently from each branch, which engaged in operations through franchise agreements with STO Express.

The first-instance court found that Huang Mou stated in a recorded statement provided by Zhang Moujia that compensation would be paid by the insurance company, and agreed that Huang Mou would compensate legally if legal action was taken. This was supported by recordings and insurance policy documents from Zhang Moujia’s family after the incident, involving Zhang Moujia and Zhang Mou from Hebei Co. The court held that Zhang Moujia was recruited personally by intermediary Huang Mou, and both insurance purchase and labor arrangement were directed by Huang Mou. He failed to provide sufficient evidence to prove an employment management relationship with Hebei Co., and thus the court ruled that no employment relationship existed between the parties.

Unhappy with the first-instance judgment, Zhang Moujia appealed to the Langfang Intermediate People’s Court, claiming that the facts were wrongly established, that Huang Mou was only an intermediary, and that the actual employer should be Hebei Co. If there was no employment relationship with Hebei Co., then there should be an employment relationship with Beijing Co. After review, Langfang Court confirmed that the facts found by the first-instance court were correct, and that the existing evidence was insufficient to prove an employment relationship between Zhang Moujia and Hebei Co. The appeal was dismissed, and the original judgment was upheld.

This case reminds workers that a written employment contract is the core basis for confirming an employment relationship and safeguarding their legal rights. When seeking employment, keep in mind the following points to prevent employment risks: First, before starting work, always sign a written employment contract with the employer, clearly defining rights and obligations, and firmly refuse unreasonable requests such as “oral agreements” or “start working first, sign later,” to avoid difficulties in rights protection if disputes arise. Second, if working through an intermediary, clarify whether the intermediary is the introducer or the actual employer, verify whether the intermediary has labor dispatch qualifications, do not trust oral promises, and require written proof of introduction to identify the actual employer. Third, during employment, retain relevant evidence such as work IDs, attendance records, wage payment receipts, work photos, and communication records with responsible persons at the employer, as these are crucial for confirming employment relationships and protecting rights, especially in cases of work-related injuries or wage arrears. Fourth, the core of determining an employment relationship is the “subordinate management” relationship; if working only on a site without being subject to the employer’s rules or receiving wages from the employer, it is difficult to establish a factual employment relationship. Therefore, workers should verify whether they are under the direct management of the employer when starting work. Fifth, in case of labor disputes, promptly apply for arbitration or file a lawsuit, strictly observe arbitration and litigation time limits, collect comprehensive evidence, and defend rights legally and rationally to avoid failure due to insufficient evidence.