The answer is as follows. Today's college students or office workers will choose to find a job to increase their income without affecting their own work and life. We know that if it is a formal job, they will establish normal labor relations with employers in accordance with the provisions of the Labor Law, so that their rights and interests can be protected, But if it is to establish labor relations, let's take a look. Is there a labor relationship at work? In the broad sense, if a worker provides labor obligations to a new employer full-time and meets the following three basic conditions, it should be considered as establishing a labor relationship:
1、 Employers and workers meet the subject qualification stipulated by laws and regulations;
2、 The various labor rules and regulations formulated by the employing unit according to law are applicable to the workers, the labor management of the employees and the paid labor arranged by the employing unit;
3、 The labor provided by the laborer is an integral part of the business of the employer. The above statement can also be verified by the relevant provisions of the Supreme People's Court. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III) Article 8 stipulates that: "If an enterprise's employees who remain on duty without pay, early retirees who have not reached the statutory retirement age, laid-off employees who are waiting for work, and employees who have stopped production for business purposes and taken a long vacation bring a lawsuit to the people in accordance with the law due to employment disputes with new employers, the people shall handle it as labor relations." According to the above provisions, the employees who remain on duty without pay, early retirees As long as laid-off workers and those on long holidays who work in new employers have three basic characteristics of labor relations, they can be identified as labor relations. In the narrow sense, that is, if a worker works for another unit in his spare time when he has his own job, even if he has the three basic characteristics of labor relations, he should not be recognized as a normal labor relations because he does not have the characteristics of full-time work. For this type of employment, if it complies with the provisions of Article 68 of the Labor Contract Law on "the form of employment in which the remuneration is mainly calculated by the hour, the average daily working hours of workers in the same employer generally do not exceed four hours, and the cumulative working hours per week do not exceed twenty-four hours", it should be recognized as part-time employment; If it does not have the characteristics of part-time employment, it should be recognized as a labor relationship. Based on this, the workers who want to work should pay attention to the following points
1、 Check whether the unit allows employees to work;
2、 The work can not cause serious impact on the completion of the work;
3、 Do not disclose the business secrets of the unit; Fourth, a labor contract should be signed with the unit to clarify the rights and obligations of both parties; Fifth, when looking for a job, pay attention to personal and property safety to avoid being cheated. Will the establishment of labor relations identify whether it belongs to labor relations or labor relations according to the factors such as the employer, individual and working hours, but whether it is labor relations or labor relations will be protected by our labor contract law. If their own rights and interests are damaged in the process of implementation, They can safeguard their rights and interests according to the actual situation and the Labor Contract Law.
