In the labor dispute case between a certain transportation company and Yang, the court clearly stated that if there is a fact of employment between the enterprise and the ride hailing truck driver, which constitutes dominant labor management, the existence of a labor relationship should be recognized, and the ride hailing truck driver's enjoyment of labor rights and interests should be protected in accordance with the law. In Case 1 released this time, Yang was engaged in concrete transportation work at a transportation company, and no written labor contract was signed between the two parties. After Yang joined the company, he first received orders from a transportation company through a WeChat group, and then registered an account on a certain platform to bind the company. After approval by the company, he accepted the company's orders through the platform. A certain transportation company pays freight compensation to Yang on a monthly basis based on the number of orders received, transportation volume, whether there is a timeout, and whether there is a penalty. Yang has a dispute with a transportation company and is applying for labor arbitration to confirm the employment relationship. The labor arbitration ruled that Yang has a labor relationship with a certain transportation company. A certain transportation company is dissatisfied with the arbitration award and has filed a lawsuit with the court. The first instance court ruled to confirm the existence of a labor relationship between Yang and a certain transportation company. A certain transportation company is dissatisfied and has filed an appeal. The second instance court rejected the appeal and upheld the original verdict. The court's effective judgment holds that the main focus of dispute in this case is whether there is a labor relationship between a certain transportation company and Yang. According to the Labor Contract Law, "the employer establishes a labor relationship with the employee from the date of employment." Accordingly, the people's court should determine the legal relationship between the enterprise and the employee based on the employment facts. The essential characteristic of labor relations is dominant labor management. The court believes that in this case, firstly, a transportation company confirmed that Yang's account registered on a certain platform must be bound to that company and approved by the company. Yang needs to obey the arrangements of a certain transportation company during the work process, and the transportation company has engaged in labor management behaviors such as imposing penalties on Yang. Yang does not have independent decision-making power over transportation tasks and transportation prices. Secondly, a certain transportation company settles wages with Yang on a monthly basis. The transportation company confirms that Yang receives orders almost every day, and the related transportation income constitutes Yang's main source of income. Thirdly, Yang is engaged in concrete transportation work, which belongs to the business composition of a certain transportation company. In summary, there is a fact of employment between a certain transportation company and Yang, which constitutes dominant labor management, and it should be recognized that there is a labor relationship between the two parties. It is worth noting that in December 2024, the Supreme People's Court issued the first batch of guiding cases for labor disputes in new forms of employment, clarifying the criteria for determining labor relations in new forms of employment. For those with employment facts that constitute dominant labor management, labor relations shall be recognized in accordance with the law. The Supreme People's Court once again clarified today that the determination of whether there is a labor relationship between a company and a ride hailing truck driver should be based on substantive examination of employment facts, comprehensive consideration of whether the company has implemented labor management for drivers through the establishment of reward and punishment rules, whether drivers can independently decide on transportation tasks and prices, whether labor remuneration constitutes the main source of income for drivers, and whether the transportation work engaged by drivers is an organic part of the company's business. If there are employment facts and constitutes dominant labor management, the existence of a labor relationship between the two parties shall be determined in accordance with the law. Wang Tianyu, a researcher at the Institute of Law of the Chinese Academy of Social Sciences, believes that this case provides an analytical framework for understanding and applying dominant labor management. It is a summary and sublimation of the previous attribute theory, reflecting the development achievements of labor relationship recognition standards in the new era. It is not only conducive to the standardized development of new employment forms, but also conducive to promoting the harmonious and stable labor relations of the whole society. (outlook new era)