Whether the legal relationship between an insurance Solicitors and an insurance company is the free agreement of the labor service payment contract, or whether one or more labor contracts are freely chosen, and then based on the principle of subordination for which there is currently no certain judgment standard, to define whether it is a labor contract or not.
However, no matter how the contractual relationship between the employer and the employee is defined, the key point is that the rights, obligations and interests of both parties will not be invisibly deprived due to the change in the nature of the contract. This is the spirit of private law autonomy under the principle of freedom of choice of contract.
Therefore, since the dispute over the contribution of Nanshan Life's pension has not been resolved. it has been inconclusive so far after petitioning the justice for constitutional interpretation. Therefore, this article first discusses the types of contracts commonly used between insurance salespersons and insurance companies in labor service payment contracts, and then discusses what is labor contract and makes a difference from labor service payment contracts, and then discusses the relationship between insurance salespersons and insurance companies. What is the legal relationship? How is the nature of the contract determined? In the end, the dispute that Nanshan Life Insurance did not pay labor pensions for some insurance salesmen brought out the impact of the Labor Standards Law on insurance companies, and then analyzed the results of the lawsuit and the interpretation of Justice No.740. After the publication of the remaining questions to be resolved, and finally put forward personal conclusions and suggestions.
The purpose of this research is to clarify what is the legal relationship between the insurance salesperson and the company? For reference by courts, competent authorities, insurance agents and their insurance companies.
