Recently, the case of confirmation of labor relation of the famous brand “Flash Express” of shared economy and the flash expressman LI, which was represented by JT&N, has come into force through the Civil Mediation issued by Beijing First Intermediate People’s Court and was miraculously resolved. This case was jointly undertaken by Feng LIANG and Dongmin HE of JT&N.
In May 2016, LI was registered as a flash expressman. During a delivery, he was injured in a traffic accident and later applied for work-related injury identification. The application was rejected because he was unable to prove the existence of labor relation with the company. For this reason, Li applied for labor arbitration, requesting the confirmation of labor relation with the Flash Express Platform Company.
After trail, the labor arbitration judged that there was no labor relation between the two parties. LI was dissatisfied with the result and appealed to the court, and the court of first instance judged that there was labor relation between the two parties. However, it was ruled that there was no labor relation between two parties in previous relevant judgments made in Beijing and Shanghai. At present, Flash Express platform operates in more than 200 cities across the country with nearly 500,000 registered flash expressmen. If the judgment has legal effect, it means that the legal relation between the large number of flash expressmen and the company will be difficult to determine. Flash Express Company and the entire Internet platform industry will face severe legal challenges in the future.
The first-instance judgment of this case has attracted extensive attention in the Internet industry, legal profession and all sectors of society. What is even more remarkable is that the court of first-instance has previously publicly released the above-mentioned judgment result through various means like microblog. There is no doubt that the judgment result will have a great impact on a fast-growing Internet company and will also bring a new look to the employment relationship in a shared economy.
Under such circumstances, JT&N accepted the entrustment of Flash Express Platform Company to serve as the agent ad litem of the second instance of this case. After accepting the entrustment, lawyers of JT&N conducted in-depth research and analysis of the case by actively collecting new evidence, holding special seminars and demonstration meetings. At the same time, considering the reality of judicial practice and many subsequent impacts that this case may cause, lawyers of JT&N have conducted in-depth communications with LI, and actively promoted the participation and coordination of the company and the court. Finally, the two parties settled the case through mediation with the auspices of the court. Both parties and the court spoke highly of the professional ability, professional dedication and attitude of lawyers of JT&N in this case.
JT&N has a professional team of labor lawyers with excellent practice skills. It has been focusing on the field of labor law services for a long time, assisting clients to establish legal risk prevention and early warning mechanism for human resources management, which can provides clients with professional, timely and efficient legal advice services for human resources and targeted, feasible and forward-looking legal solutions. JT&N has won many awards of international authoritative legal rating agencies in labor law business. Chambers and Partner once commented that “This team helps domestic companies with all walks of life involved, including food, beverage, mineral, hotels and printing industries, deal with various labor issues, which is proficient in dealing with various labor disputes.”