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Question: Is the relationship between massage technicians and pedicure shops a labor relationship or a labour relation? If the technician is dismissed, can he claim the right to double his salary from the pedicure shop?

It turned out that when friends went to a pedicure shop to wash their feet, they heard massage technicians talking about their work. The pedicure shop neither bought them social security nor signed a labor contract. The salary mode is pure commission system, and each customer can get a certain percentage of commission. Moreover, if they can't finish the task that month, their wages will be deducted. Because their friends are also from law, they are not sure about this kind of labor relationship, so the labor relationship is uncertain.

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Confirm.

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By searching relevant cases, it is considered that the technicians in pedicure shops and the family in pedicure shops can form a factual labor relationship.

1, the definition of factual labor relations

Labor relationship refers to the legal relationship between the employer and the employee, which makes the employee become a member of the employer, accept the management of the employer, engage in the work designated by the employer and obtain labor remuneration and labor protection in accordance with the provisions of the labor law.

Factual labor relationship refers to the labor relationship formed by the fact that the employer and the employee actually fulfilled their labor rights and obligations without concluding a written contract.

So how to identify the factual labor relations?

2. Does the massage technician and pedicure shop constitute a factual labor relationship?

(1) There is a fixed working time between the technician and the pedicure shop, 12 hours a day, with two shifts;

(2) Technicians receive training from the pedicure store, and the pedicure store agrees to arrange work clothes and work numbers;

(3) The pedicure shop pays the technician a monthly salary according to his workload.

Therefore, if the massage technician can provide relevant evidence, it can be concluded that there is a factual labor contract relationship between the technician and the pedicure shop.

For example,

In the case of an appeal against a labor contract dispute between a leisure club company in Shanghai and Wang, the court held that although a leisure club company in Shanghai believed that the two parties were only cooperative, and a leisure club company in Shanghai only provided business premises and collected business commission and corresponding management fees, the witness testimony provided by Wang showed that a leisure club company in Shanghai actually directed, supervised and managed Wang, and combined with other evidence provided by Wang, it was further confirmed that this relationship between the two parties did not belong to a certain Shanghai. According to the actual situation of this case, the relationship between management and being managed is actually a kind of relationship, which should be recognized as a labor relationship, and you can claim double wages from the pedicure shop within the limitation of action.