nine, to XX v. Chongqing City Moumou Energy Limited labor contract dispute judicial gist: labor relations refers to employers recruit workers for their members and workers in the employer's supervision and management, under the command provided by the employer to pay the labor remuneration of labor and the rights and obligations of occupation the relationship between. From the attribute is the core standard to judge whether the labor relation exists. Labor owned labor tools, do not accept or less to accept the employer's supervision and management, reward based on the completion of the task to determine the amount of the general does not recognize the existence of labor relations between the two sides.

    basic facts: January 4, 2014, Chongqing city began to Moumou Moumou Energy Limited company (hereinafter referred to as the XX energy company) delivery, delivery vehicles to provide their own by XX, vehicle maintenance, maintenance, insurance, violation fines by to a certain self responsible, oil fees paid by the XX energy company. Moumou energy company to make a certain work card, and so to live in its warehouse, but not on a certain attendance. To a certain amount of compensation based on the number of its delivery to determine the first two months to pay 4800 yuan, third months paid 5500 yuan, after the payment of 6000 yuan. December 25, 2014, to a certain in the delivery process of injury. After Moumou apply for arbitration, litigation, requesting an order to certain energy companies have not signed a written labor contract to pay double wages, compensation etc..

    the court believes that labor relations refers to the employer recruits laborers for their members and workers in the employer's supervision and management, under the command provided by the employer to pay the labor remuneration of labor occupation caused by the relationship between rights and obligations. The essential characteristics of labor relations from the property, in general, labor relations can be identified from the following aspects: 1 whether the workers actually accept the employer's management, command and supervision; 2 working tools and raw materials is provided by the employer; 3 units to pay labor remuneration or according to the laborer has stability the amount of work completed payment; 4 of their labor is a part of production organization system unit; 5 work places and the time is decided by the employer or under its control; 6 workers provide services would have long-term stability. In this case, to a certain and so on mainly according to the company's request for a certain energy delivery, so and so the energy company has not been to a certain supervision, management, nor for its play attendance. Delivery of the tool is also provided by a certain self, the delivery task can be completed by a certain self, can also be handed over to others on behalf of the completion. Labor remuneration is determined according to the number of delivery. Therefore, subordination between the two sides is not strong, there is no labor relationship between the parties, require certain energy companies to pay certain to have not signed a written labor contract double wages, then dismissed the lawsuit to xx.