“Cooperation” agreement versus employment: guiding case 179

Reported facts

Nie Meilan signed a tea-project cooperation agreement but received monthly pay and worked under company management, including leave approval and attendance-linked pay.

Published outcome

Employment was recognised and wage and termination awards upheld. The appeal removed the double-wage award because the agreement itself served as a written employment contract.

Limits when comparing your own situation

Recognising employment and proving absence of a written contract are different issues. Neither the document’s title nor one monthly payment settles status alone.

Questions to prepare for your own situation

• Who controls my duties, schedule and leave?
• How do actual payments and business risk work?
• What terms are already contained in the signed agreement?

These preparation questions are our editorial guidance, not findings in the original case.