Thank you, prosecutor. I have already received the labor fee. "Recently, college student Xiao Chen (pseudonym) appeared in the reception room of Jinshan District Procuratorate in Shanghai, sharing the good news that he had received unpaid labor remuneration with the prosecutor. 19-year-old Xiao Chen is a college student who, due to financial difficulties, wants to use his vacation to work part-time and apply for a waiter position at a certain catering company. Our company has five days off and two days off, starting work at 10am every day... "Upon seeing the salary offered by the other party, Xiao Chen quickly agreed and reached a verbal agreement between the two parties. After the holiday ended, due to personal reasons, Xiao Chen proposed to resign from the company, but the catering company refused to pay labor remuneration on the grounds that Xiao Chen had not worked for more than a month. Xiao Chen instantly panicked, and after multiple unsuccessful requests, he came to the labor arbitration department to report the situation. The labor arbitration department did not accept Xiao Chen's case on the grounds of lack of jurisdiction. The arbitration department has provided feedback that a labor relationship cannot be established between me and the catering company, and I don't know what to do. That's why I came here to apply for support for the lawsuit. ”After failing to apply for arbitration, Xiao Chen came to the Jinshan District Prosecutor's Office hoping to apply for support for prosecution. After listening to Xiao Chen's confusion and demands, the prosecutor promptly explained from a legal perspective: "Students who take part-time jobs in their spare time are often not considered employment and do not constitute a labor relationship. Disputes that are not related to labor relationships are usually not accepted by the labor arbitration department. However, part-time jobs during holidays can be recognized as labor relationships based on the employment situation, and the Civil Code can protect you." The prosecutor confirmed through reviewing Xiao Chen's WeChat chat records, photos of the labor process, etc. that the labor relationship between Xiao Chen and the catering company does not belong to the labor relationship regulated by the Labor Law, but Xiao Chen and the company have a verbally agreed labor contract, which constitutes a labor relationship between the two parties and can be adjusted by the Civil Code, etc. In addition, the company did not pay the corresponding labor remuneration to Xiao Chen, and Xiao Chen encountered difficulties in seeking salary. Moreover, he lacked legal knowledge and was in a relatively disadvantaged position, which met the conditions for the prosecution to support the prosecution. Therefore, the Jinshan District Procuratorate accepted the case. In order to promote substantive resolution of contradictions and reduce the burden of litigation for the parties involved, prosecutors strengthen their interpretation and reasoning work for both parties while further clarifying facts and verifying evidence. On the one hand, the prosecutor explained to the relevant responsible persons of the catering company the legal basis for paying Xiao Chen's remuneration, as well as the civil liability that needs to be borne for not paying the remuneration; On the other hand, it soothes Xiao Chen's low mood and actively promotes reconciliation between the two sides on this basis. At the end of April this year, under the mediation of Jinshan District Prosecutor's Office, Xiaochen reached a settlement agreement with a catering company, and the company will pay corresponding remuneration to Xiaochen. After the settlement agreement is reached, the company immediately fulfills its obligations. The prosecutor followed up and learned that all the unpaid labor remuneration for Xiao Chen has been settled. Considering that both parties have reached a settlement and there is no need for prosecution, the Jinshan District Prosecutor's Office has made a decision to terminate the review of the case. Nowadays, it is very common for college students to take part-time jobs outside of school. Due to a lack of social experience and relevant legal knowledge, college students often find themselves in a relatively disadvantaged position. When disputes arise with employers over compensation, benefits, and other issues, it may be difficult to protect their rights. In this regard, the procuratorial organs continue to strengthen the protection of the rights and interests of specific groups, taking civil procuratorial reconciliation as a practice of practicing the "Fengqiao Experience" in the new era, promoting substantive resolution of conflicts and disputes, and assisting in the implementation of various rights systems stipulated in the Civil Code. ”Zhu Liping, deputy to the National People's Congress and head of the Accounting Section of the Finance Department of China Railway Shanghai Bureau Group Co., Ltd., said. How does the Civil Code protect labor relations? The Civil Code stipulates that civil law regulates the personal and property relationships between natural persons, legal persons, and unincorporated organizations as equal subjects. Labor relations belong to a type of civil relationship, which is a rights and obligations relationship formed between equal civil subjects, where one party provides labor services to the other party, and the other party accepts labor services and pays consideration, and is regulated by the Civil Code. Specifically, service providers have the obligation to provide services as agreed and also have the right to receive corresponding remuneration. Employers have the obligation to pay remuneration according to the agreement, provide necessary working conditions and safety guarantees for labor providers, and also have the right to obtain labor services that meet the agreed quality. Therefore, the rights and obligations of both parties in the labor relationship can be determined based on their agreement - the labor contract, and the contract can be concluded in written, oral, or other forms. In this case, there was a verbal agreement between Xiao Chen and the catering company in the contract. When the catering company fails to pay the remuneration as agreed, Xiao Chen can request payment based on Article 579 of the Civil Code Contract. (New Society)