北京市房山区人民法院于7月16日召开新闻通报会，介绍近年来审理的隐蔽用工类劳动争议案件情况[1]。该类纠纷主要集中于外卖配送、网约车、快递物流等领域，用人单位通过签订不同名目协议、设计多层用工链条的方式来逃避劳动关系责任[1]。
法院采取实质审查原则处理此类案件，重点考察用人单位是否对劳动者实施支配性劳动管理[1]。通报会发布了三类典型案例。其中，快递公司通过外包合同试图规避劳动关系，但法院最终认定劳动者与快递公司存在劳动关系[1]；另一案例中，公司要求劳动者签订承揽协议，法院同样判决双方构成劳动关系[1]。此外还有案例反映甲、乙公司间属于假外包真派遣的关系，甲公司因此被判支付违法解除劳动关系赔偿金[1]。
Beijing's Fangshan District People's Court held a press briefing on July 16, 2024, to address a growing category of labor disputes involving concealed employment arrangements, in which employers use various contractual structures to avoid recognizing formal labor relationships [1]. These disputes predominantly occur in sectors such as food delivery, ride-hailing, and express logistics, where companies establish multi-layered contracting chains and sign agreements under different names to evade their responsibilities toward workers [1].
The court emphasized its approach to resolving such cases through substantive examination rather than relying on contract labels alone [1]. The key investigative focus centers on whether the employer exercises controlling management over the worker's labor, determining true employment status regardless of the formal agreement presented [1]. To guide workers and employers, the court released three representative cases illustrating how courts penetrate these schemes: one involving a courier company that attempted to disclaim responsibility through outsourcing contracts but was found to have an actual employment relationship with the worker; another where a company required an employee to sign an undertaking agreement, yet the court ruled that a labor relationship existed; and a third case where two companies were engaged in what appeared as outsourcing but was deemed illegal labor dispatch, resulting in the primary company being ordered to pay compensation for unlawful termination [1].