Whether the contractual relationship is an employment relationship of a subordinate nature

There is no such thing as a contractual relationship, and the cooperative relationship is equal.

Legal Analysis: The difference between an employment relationship and a contracting relationship is that it is different in nature. There is no precise definition of the contracting relationship in law, and the contracting relationship within the scope of the enterprise is a form of responsibility system; It is not an independent social relationship, which can be subordinate to labor relations and civil relations.

The employment relationship shall be established with the employee from the date of employment by the employer.

Legal basis: Article 7 of the Labor Contract Law of the People's Republic of China shall establish an employment relationship with the employee from the date of employment. The employer shall establish a roster of employees for future reference.

Article 2 of the Labor Law of the People's Republic of China This Law shall apply to enterprises and individual economic organizations (hereinafter referred to as "employers") within the territory of the People's Republic of China and the workers who have formed labor relations with them. State organs, public institutions, social organizations, and workers with whom they have established a labor contract relationship shall be subject to enforcement in accordance with this Law.

Legal analysis: In the contracting relationship, the contracting party enjoys the autonomy of operation and management, and needs to complete the contracted production and operation tasks in accordance with the provisions of the enterprise contract. The employer is responsible for inspecting and supervising the contractor's production and business activities, but does not directly participate in the contractor's daily work.

The main obligation of the contract issuer is to safeguard the legitimate rights and interests of the contractor in accordance with the provisions of the contract, and to coordinate and solve the contractor's difficulties in production and operation within the scope of its duties. This leads to the important distinguishing point between labor relations and contracting relations—personal affiliation.

Legal basis: Labor Contract Law of the People's Republic of China

Article 29 The employer and the worker shall fully perform their respective obligations in accordance with the provisions of the labor contract.

Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker in full and in a timely manner.

If the employer defaults on the payment or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

1. The distinction between contracting and labor relations is **.

1. The identities of the parties are different: in the labor relationship, the employees of the enterprise, as laborers, are managed, dominated and led in the labor process; In the intra-enterprise contracting relationship, the contractor, as a worker, is the organizer and manager of the business activities within the scope of the contracted operation.

2. Different responsibilities; In labor relations, workers are only responsible for their own production and operation tasks; In the intra-enterprise contracting relationship, the worker, as the contractor, is responsible for the production and operation results within the contracted scope.

3. The composition of labor compensation is different; In the labor relationship, the income obtained by the worker as an employee is only in the nature of labor remuneration, which is expressed in the form of wages. However, in the intra-enterprise contracting relationship, the labor remuneration income of the worker, as the contractor, is both production and operation income and labor remuneration.

2. How to confirm the labor relationship.

1. If the employer recruits a worker without a written labor contract, but at the same time meets the following circumstances, the labor relationship shall be established.

1) The employer and the worker meet the entity qualifications prescribed by laws and regulations;

2) The labor rules and regulations formulated by the employer in accordance with the law shall apply to the workers, and the workers shall be subject to the labor management of the employer and engage in paid labor arranged by the employer;

3) The labor provided by the worker is an integral part of the employer's business.

2. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:

1) Records of wages or records (employee payroll roster) and payment of items;

2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;

3) Recruitment records such as the "registration form" and "registration form" filled in by the worker;

4) Attendance records;

5) Testimony of other workers, etc. The distinction between contracting and labor relations is still relatively obvious, labor relations are in which workers work for the enterprise and are paid by the enterprise to the laborers, while the contracting relationship is in which the enterprise contracts a part of its business to others to operate, and they are two relationships of different natures. The worker in the labor relationship is under the management of the enterprise, while the contractor in the contract relationship is not under the management of the enterprise and is responsible for his own operation.

Legal Analysis: An Important Distinction Between Labor Relations and Contracting Relations—Personal Affiliation. In the contracting relationship, the contracting party enjoys the autonomy of operation and management, and needs to complete the contracted production and operation tasks in accordance with the provisions of the enterprise contract.

The employer is responsible for inspecting and supervising the production and operation activities of the contractor, but does not directly participate in the daily work of the contractor.

Legal basis: Labor Contract Law of the People's Republic of China Article 10 A written labor contract shall be concluded to establish a labor relationship.

If a labor relationship has been established and a written labor contract has not been concluded with the company, a written labor contract shall be concluded within one month from the date of employment.

If the employer and the employee enter into a labor contract before employment, the labor relationship shall be established from the date of employment.