What is an employment relationship? What are the legal provisions and judicial interpretations?

Service Relations A labor relationship is a legal relationship in which an employee and an employer provide one-time or specific labor services to the employer according to an oral or written agreement, and the employer pays the employee remuneration for labor services according to the contract. A labor relationship is a civil rights and obligations relationship established by two or more equal subjects through a labor contract. The contract may be in writing, oral or otherwise.

The applicable law is mainly the Contract Law of the People's Republic of China.

Labor relationship refers to the relationship of rights and obligations between the party providing labor services and accepting the direction and arrangement of the employer to provide specific or unspecified labor services for a certain or unspecified period of time, and the employer accepting the services provided by the employee and paying remuneration as agreed.

If an employer has an employment dispute with a person who has already enjoyed pension insurance benefits or received a pension in accordance with the law, and files a lawsuit with the people's court, the people's court shall handle it in accordance with the labor relationship. When an employer recruits a person who has reached the statutory retirement age, the employment relationship formed between the two parties shall be treated as an employment relationship. It is reasonable to use the enjoyment of pension insurance benefits in accordance with the law as the criterion for defining labor relations.

If an employer recruits students who have reached the age of 16, the legal relationship between the two parties is a labor relationship.

In labor dispatch, the dispatched worker forms an employment relationship with the dispatching agency and has no employment relationship with the employing entity.

The labor relationship is a legal relationship between equal subjects with labor as the subject matter, and the relevant provisions of China's Civil Law, Contract Law and other relevant provisions are applicable. From October 1, 2017, the provisions of the General Provisions of the Civil Law shall apply.

You are only responsible for the labor, and the boss has the right to manage and direct you.

The circumstances of the employment relationship are:

1. When an employer contracts a project to a person or several personnel, or hands over a temporary or one-time work to a person or several people, the two parties enter into a labor contract to form a labor relationship.

2. The employer proposes the conditions for the required personnel to the labor export company, and the labor export company dispatches the labor personnel to the employer, and the two parties enter into a labor dispatch contract to form a more complex labor relationship.

3. The labor relationship established between the employer and another employer while waiting for work, laid-off, internal retirement, or leave without pay and engaging in some temporary paid work outside. Because of these people.

4. After the retirees who have gone through the formalities are hired by the employer, the two parties sign the employment contract. This employment relationship is now clearly defined as an employment relationship.

5. Generally speaking, the employer must establish labor relations and sign labor contracts with workers in perennial positions. For one-time or temporary non-annual work, or labor services that can be contracted, the employer may use labor personnel and sign a labor contract with them.

The differences between labor relations and labor relations include:

1. The main body is different;

2. The relationship is different, and the subordinate relationship between management and management, supervision and supervision, and command and command is formed in labor relations; The labor relationship is a kind of property relationship formed by equal subjects according to the agreement between the two parties, and there is no personal subordination;

3. The stability of the relationship is different.

Article 16 of the Labor Law of the People's Republic of China An employment contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties.

A labor contract shall be concluded for the establishment of labor relations.

The legal basis for the application of the labor relationship is the Civil Code, which provides that if the party providing the labor service causes damage to others due to the labor service, the party receiving the labor service shall bear the tort liability; The employer has the obligation to implement the national labor standards, provide corresponding working conditions and labor protection, pay overtime pay, and pay performance bonuses.

Legal analysis: The applicable law of labor relations is mainly the contract section of the Civil Code of the People's Republic of China. The labor relationship is a civil rights and obligations relationship established by two equal subjects or two or more equal subjects through the labor contract.

The contract may be in writing, oral or otherwise.

Legal basis: Article 1192 of the Civil Code of the People's Republic of China Where a labor relationship is formed between individuals, and the party providing the labor services causes damage to others due to the labor services, the party receiving the labor services shall bear tort liability. After the party receiving the service bears tort liability, it may recover compensation from the party providing the service intentionally or with gross negligence.

If the party providing the service suffers damage due to the service, it shall bear the corresponding liability according to the fault of both parties. During the period of providing labor services, if the act of a third party causes damage to the party providing labor services, the party providing labor services has the right to request the third party to bear tort liability, and also has the right to request the party receiving labor services to compensate. After receiving compensation from the labor party, it may seek compensation from a third party.