labor contract dispute case ten, Hu Moumou v. Chongqing Mineral Resources Development Co. Ltd. the referee essence: the unit of the declaration or maintain a specific qualification and the qualification certificate holders and specific units signed the agreement to pay a fee to the holder of the certificate, and the certificate holder fails to provide labor for the actual units, the agreement is not labor contract. According to the requirement of the certificate holder, the labor relationship between the unit and the unit should be confirmed, and the relevant rights should not be supported.

    basic facts of the case: Hu Moumou holdings of blasting engineering and technical personnel safety operations (operating level intermediate). In October 30, 2012, Hu Moumou and Moumou Chongqing Mineral Resources Development Company Limited (hereinafter referred to as certain mineral company) signed the "agreement", agreed: “ to do a good job qualification positioning certain mineral company to declare and Hu Moumou blasting engineering technical personnel safety operation certificate for registration and registration, the spirit of friendly consultation, the principle of mutual benefit the cost of the agreement. The company issued a formal letter of appointment of certain mineral as the introduction of Hu Moumou certificate, duration of employment is four years, from November 1, 2012 to October 31, 2016. During the period of the performance of a certain mineral company to give Hu Moumou 70000 yuan per year, so that the company can only use a certain mine blasting operations safety certificate to declare the behavior of enterprise qualification … … ”. "Agreement" signed, Hu Moumou the blasting engineering technical personnel safety certificate to certain mineral company, certain mineral company to Hu Moumou paid during the period of November 1, 2012 to October 31, 2014 of the allowance, but Hu Moumou not actual work at the company. In May 29, 2015, Hu Moumou to the county labor dispute arbitration committee for arbitration, request a ruling confirming that both labor contract is valid until October 31, 2016, and by a certain mineral company for the social insurance formalities, pay labor remuneration in November 1, 2014 31 to October 2015 between the date of the. Chengkou county labor dispute arbitration committee rejected the request for arbitration, Hu Moumou then filed a lawsuit.

    the court judges believe that the date on which the employer is used for personal use is to establish a labor relationship with the employee. In this case, Hu Moumou although with certain mineral companies signed the "agreement", and Hu Moumou technical personnel blasting engineering safety operation certificate indicating the work unit is also a certain mineral company, but the two sides signed the "agreement" is only to meet certain mineral company qualification declaration and Hu Moumou blasting engineering and technical personnel safety work permit registration and registration, there is no agreement between the parties to establish labor relations, Hu Moumou also did not actually provide labor for certain mineral company, the two sides essentially no employment relationship. Therefore, the two sides signed the agreement is not a labor contract, there is no labor relationship between the two sides, then the court dismissed the claims of Hu moumou.