Guiding Case No. 179: Nie Meilan v. Beijing Lin Brothers Culture Co., Ltd. (case of confirmation of an employment relationship)(Deliberated and adopted by the Judicial Committee of the Supreme People's Court, issued on July 4, 2022)
civil; confirmation of an employment relationship; cooperative joint venture; a written employment contract
[Key Points of Judgment]
1. Where eligible parties to an employment relationship sign an agreement in the name of "cooperative joint venture," but the rights and obligations of both parties as agreed in the agreement and the actual performance situations satisfy the standards for confirmation of an employment relationship and the employee claims that there is an employment relationship between him or her and the employer, the people's court shall support such claim.