The difference between an employment relationship and an employment relationship

1. Is the relationship between Wen and the landlord Tang an employment or a contract relationship?

I think it should be an employment relationship, because the landlord did not mention from beginning to end that he contracted the house to them and let them decide when and how to demolish the house, but it was completed under the supervision of the landlord, and the landlord Tang provided tools such as hammers and drills; Generally, the contracting relationship does not need to provide tools, and it should be a contracting relationship based on these two points.

2.Who should bear the responsibility and compensation for the deceased Tang Mouwu?

The landlord hired Wen to demolish the house, and there was a one-layer employment relationship; Wen also hired Tang and others to jointly demolish the house, and another layer of employment relationship appeared, and the judge was correct in finding that both the landlord and Wen should bear part of the responsibility for Tang's death. In addition, in the eyewitness testimony, he reminded ** person that Tang's house was in danger of collapsing, but his negligence did not avoid it, resulting in death, and the deceased himself was also responsible, so the judge's handling was appropriate, civil employment and double employment, and the deceased should be jointly liable by the landlord, Wen and the deceased himself.

The above is purely a personal opinion, if there is any objection, please ignore it

1. It is an employment relationship;

2. Borne by the employer Tang;

3. Workers are all employed and do not bear responsibility for each other;

4. It shall be borne by the employer Liang, and Wen does not need to bear the liability for compensation.

5. If it is not established, all the responsibilities shall be borne by the employer.

Legal Analysis: How to distinguish between an employment relationship and an undertaking relationship is crucial. The employment relationship is a relationship of rights and obligations in which the employee provides specific or unspecified services in accordance with the instructions and arrangements of the employer, and the employer pays remuneration according to the services provided by the employee.

The contract relationship is "the right and obligation relationship between the contractor to complete the work and deliver the fruits of labor in accordance with the requirements of the contractor, and the contractor shall pay remuneration, and the contractor shall complete the main work with its own equipment, technology and labor, unless otherwise agreed by the parties." The main differences between the two are as follows:

1. In an employment relationship to see whether there is a relationship of domination and obedience between the two parties, the employee has the right to choose how to arrange the work without notice, and the employer can arrange and direct the work of the employer at any time, and the employer must provide reasonable working conditions and safety guarantees for the employee. In the contract relationship, the contractor has independence in the completion of the work, the status of both parties is equal from beginning to end, there is no domination and obedience relationship between the contractor and the contractor, the contractor has the right to control the contracting activities, and is only responsible for the results of labor to the contractor, and the contractor has no right to interfere in the arrangement of how to complete the work, and the contractor has the necessary right to supervise and verify, but it is stipulated that the contractor shall not hinder the normal work of the contractor due to supervision and inspection.

2. The premise of the contract between the two parties is different, in the employment relationship, the employer generally takes whether the employee's labor skills meet the work as the criterion when selecting the employee, and the employee directly looks at whether the labor remuneration meets his own requirements and agrees to provide labor services. In the contracting relationship, the contractor should consider whether the other party's equipment, skills, reputation, and labor are competent for the job, and the contractor should consider whether its own skills and existing conditions can complete the work and make a profit to conclude the contract.

3. The content provided by the party providing the job is different, in the employment relationship, the employee provides simple labor to meet the needs of the employer, and in the contract contract, the contractor provides the fruits of labor with its unique skills.

4. The dependence of the labor facilities of the party providing the work is different, the employee does not need to provide labor equipment in the employment relationship, and mainly provides labor by himself, and in the contract relationship, the contractor must provide the equipment by himself, and the working conditions are convenient for the completion of the labor results, and the customizer does not need to provide labor equipment.

Legal basis: Article 770 of the Civil Code of the People's Republic of China A contract is a contract in which the contractor completes the work and delivers the work results in accordance with the requirements of the contractor, and the contractor pays remuneration.

The contract includes processing, customization, repair, copying, testing, inspection and other work.

Legal analysis: 1. The biggest difference between the contract relationship and the employment relationship is the difference in the subject matter of the contract.

2. The labor contracted for the legal relationship may be at the discretion of the contractor, while the labor for the legal relationship of employment shall be arranged by the employer.

3. The technical content of the contractor's labor is different from that of the employee.

Fourth, the payment method of the contracted legal relationship is different from the employment legal relationship.

Legal basis: Civil Code of the People's Republic of China Article 770 A contract is a contract in which the contractor completes the work and delivers the work results in accordance with the requirements of the contractor, and the contractor pays remuneration. The contract includes processing, customization, repair, copying, testing, inspection and other work.

The legal relationship is a legal relationship formed between the two parties in which the contractor completes a certain amount of work according to the requirements of the contractor, delivers the work results, and the contractor accepts the work results and pays remuneration, and the employment agreement is an agreement to obey the employer's arrangement, use the working conditions provided by the employer, provide services to the employer with their own skills, and the employer pays remuneration. The key to the employment relationship is to do things according to the requirements of the other party, you just provide skills, and the contract relationship is to undertake the work independently, without any constraints, and deliver the work results when due.

Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in Cases of Compensation for Personal Injuries in the Trial of Xin Chongli stipulates that if an employee causes injury in the course of employment activities, the employer shall be liable for compensation; If an employee intentionally or grossly negligently causes damages, he shall be jointly and severally liable with the employer for compensation. If the employer bears joint and several liability for compensation, it may recover compensation from the employee. "Referred to in the preceding paragraph"."Engage in employment activities"refers to engaging in production and business activities or other labor activities within the scope authorized or instructed by the employer.

Where an employee's conduct exceeds the scope of authorization, but its expression is in the performance of duties or is intrinsically related to the performance of duties, it shall be found to be engaging in employment activities.

1. Different control standards. Employment buys the labor service itself, and the employer has corresponding requirements for the implementation of the employee's labor service; The contractor can only agree on the time and location of the delivery of the work results, and cannot make requests or directly direct the work process.

2. Different personal standards. If the employer buys the labor service itself, then the employer will have corresponding requirements for the employee, and has a personal trust system; The contractor buys the work product, so it can only make requirements for the quality of the work product.

3. Different conditions and standards. If the employer does not provide it, the employee has the right to request the employer to provide it; The contractor does not have the right to ask for a workplace and conditions.

4. Different remuneration standards. Employment buys the labor service itself, and if the employee pays the labor, the employer should give the corresponding remuneration, and the size of the remuneration is commensurate with the amount of the labor service; In the contract, if the work results are not obtained, the contractor should not pay remuneration, and if the contractor cannot deliver the work results as agreed, it also needs to bear the liability for breach of contract.

Legal basis: Article 770 of the Civil Code of the People's Republic of China.

A contract is a contract in which the contractor completes the work and delivers the work results according to the requirements of the contractor, and the contractor pays remuneration.

The contract includes processing, customization, repair, copying, testing, inspection and other work.