It can also be seen from relevant content such as the "Regulations on the Administration of Insurance Agents (Trial)" and the State Administration of Taxation's "Notice on the Calculation of Personal Income Tax on Income Obtained by Insurance Salespersons (Non-Employees)" . The relationship between an insurance agent and an insurance company is a civil agency relationship, not a labor relationship, and therefore does not fall within the scope of the Labor Law and the Labor Contract Law.

Although in real life, the employment contract signed between an insurance agent and an insurance company often contains content that must comply with the rules and regulations of the insurance company. For example, they must not be absent from work without excuse, and they must participate in the company's morning meeting every day and other work-related tasks. Due to the relationship attribute, insurance companies also usually use the "removal" method to deal with the "absenteeism" behavior of insurance agents. However, an insurance agent is a unit or individual who handles insurance business within the scope of authorization of the insurance company based on the entrustment of the insurance company and collects handling fees from the insurance company. In terms of remuneration, the insurance company pays a certain commission based on the amount of business done by the agent rather than the agreed salary amount. This commission is not subject to the minimum wage limit stipulated by the state. Insurance companies do not assume the social insurance and social welfare responsibilities of insurance agents. Therefore, the relationship between an insurance agent and an insurance company is a civil agency relationship between equal subjects, not a labor relationship.

Extended reading: How to buy insurance, which one is better, and step-by-step instructions to avoid these "pitfalls" of insurance