(a) A small store with a business license has the legal qualifications of the employer, you can sign a labor agreement with the individual, agreed labor relations, not to implement the strict provisions of the labor contract law on the employer. Labor agreements can be applied to short-term employment (help), do not need to be strictly on time to and from work, punching cards, wage settlement is also more flexible, the laborers work elsewhere does not affect the performance of the labor agreement, the employer, the employee are more simple.

(ii) However, if a labor agreement is signed, but in essence the employee has all the elements of the law as a laborer, it may still be considered a labor relationship in law.

Whether or not the two parties are in a labor relationship is determined primarily on the basis of the following document.

Notice on Matters Relating to the Establishment of Labor Relationships

The Ministry of Labor and Social Security issued [2005] No. 12 on May 25, 2005

The Department of Labor and Social Security of provinces, autonomous regions and municipalities directly under the Central Government (bureau):

In recent times, some localities have reflected the fact that some employers do not sign labor contracts. Some places have reflected in recent times that some employers do not sign labor contracts, and in the event of labor disputes, it is difficult to determine the relationship between the two sides, making it difficult to safeguard the legitimate rights and interests of workers, and adversely affecting the harmony and stability of labor relations. In order to regulate the employer employment behavior, to protect the legitimate rights and interests of workers, and promote social stability, the employer and the worker to establish the labor relationship between the relevant matters are notified as follows:

I. The employer recruits workers without a written labor contract, but at the same time have the following circumstances, the labor relationship is established.

(1) the employer and the worker meet the qualifications stipulated by laws and regulations;

(2) the labor rules and regulations formulated by the employer in accordance with the law are applicable to the worker, and the worker is subject to the employer's labor management and engages in the remunerated labor arranged by the employer;

(3) the labor provided by the worker is an integral part of the employer's business.

The employer has not signed a labor contract with the worker, and the following documents may be referred to when determining the existence of a labor relationship between the two parties:

(a) Wage payment vouchers or records (payroll roster of employees), and records of payment of social insurance premiums;

(b) "work permits", "service permits", "service permits", "service permits", "work permit", "work permit", "work permit", "work permit", "work permit", "work permit", "work permit", "work permit", "service permit", and "work permit". ", "service card" and other documents that can prove identity;

(3) laborers fill out the employer's recruitment recruitment "registration form", "application form "

(iv) attendance records;

(v) testimonies of other workers.

Of these, the burden of proof is on the employer for the relevant documents in (i), (iii) and (iv).

(3) The helpers are those who voluntarily or at the invitation of the workers to be helped, provide them with labor and complete a certain work within a certain period of time according to the will of the workers to be helped. Helpers can be categorized into two forms: compulsory helpers and paid helpers. If a helper suffers damage in an accident during his or her labor, he or she will be held liable by the worker being helped, in accordance with Articles 13 and 14 of the Interpretation of Several Issues Concerning the Application of Law to the Trial of Cases of Personal Injury Compensation by the Courts of the Supreme People's Court, which applies the principle of no-fault. Helpers relationship is characterized by short-term, unpaid or paid can be.

(d) the contracting relationship is a number of contracting contract in the process of fulfillment of the relationship between the contractor and the contracting party. In accordance with the "Chinese People's *** and State Contract Law" Article 251, the contract for the contract is the contractor in accordance with the requirements of the fixed person to complete the work, the delivery of the work results, the fixed person to pay the remuneration of the contract, the contract for the contract, including the processing, customization, repair, reproduction, testing, inspection and other work. Your small store to find people to help generally does not belong to the contractual relationship, but if you find people to decorate curtains, install air conditioning these technical work, may belong to the contractual relationship.

I hope this helps.