[Legal Update] Shanghai Court Issues Labor Dispute Principles
2025. 12. 12
Recently, the Shanghai No. 2 Intermediate People’s Court, in order to promote consistency in judgments and uniform application of the law in similar cases, reviewed the issues commonly seen in certain types of changed or remanded to retrial cases and the corresponding judicial rules. Based on this review, it issued a “Summary of Judicial Points on Labor-Dispute-Related Changed and Remanded to Retrial Cases” and circulated it to courts within its jurisdiction.
Compiled by the Labor Dispute Adjudication Team of the Civil Adjudication Division, this summary addresses issues such as whether a person who performs company operations based on an agreement among shareholders constitutes having an employment relationship with the company; whether the achievement of labor outputs can serve as a premise for establishing an employment relationship; and whether an employment relationship can be deemed to exist solely on the basis that both parties acknowledge it.
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