个人保险代理关系是否属于劳动关系（Does individual insurance agency relationship belong to labor relation）.docVIP

个人保险代理关系是否属于劳动关系（Does individual insurance agency relationship belong to labor relation） Yang Jie, Wang Yijiang, peoples Court of Wulian County, Shandong Province Zhang (with insurance agent qualification) signed the contract and personal insurance agency customer service specialist insurance agency contract and an insurance company, the contract has been agreed on the rights and obligations of both parties, including attendance management, training management, incentive management, examination management and promotion. After Zhang assessment is not up to standard, the insurance company and terminate the insurance agency contract. Zhang submitted an application for arbitration to the labor dispute arbitration commission, and the Labor Arbitration Commission held that after the arbitration, the two sides had labor relations. The insurance company refused to accept the arbitration award to the court, asked to confirm the two sides does not exist between the labor relations. ? Whether the insurance agency relation belongs to the labor relation has been disputed in the theory circle, and the law still lacks the rigid stipulation. ? One view is that Zhang and insurance companies belong to labor relations. The essential characteristics of labor relations lie in the subordinate relationship between workers and employers, which mainly includes the subordinate relationship of personality and the subordination of economy. Personality affiliation is an oppression to decide the right to freedom of workers, including the employer payment obligations of labor workers decided to place, time, labor process, labor for the rest of the time can not discretionary, workers must obey the work rules, and the employer have disciplinary authority etc.. Economic subordination refers to the fact that a worker relies on the production data provided by the employer, and the worker can not influence his or her work in a command, plan, or creative way. Zhang needs to obey the management of the in