What is the difference between a contract relationship and a labor relationship?

The labor relationship is a legal relationship in which the employee and the employer provide one-time or specific labor services to the employer according to an oral or written agreement, and the employer pays the labor remuneration to the employee 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 contracting relationship mainly exists in the form of subcontracting. If the general contractor of a project contracts a part of the contracted construction project to a contractor with corresponding qualifications in accordance with the law, the general contractor shall not withdraw from the contracting relationship, and shall be jointly and severally liable with the third party to the employer for the work results completed by the third party.

Legal basis: Article 251 of the Contract Law clearly defines the contractual relationship, which refers to the contractor.

The contract relationship is between people and things, and the labor relationship is between people and people. For example, if you sign an agreement to contract a project, it constitutes a contracting relationship; When you sign an employment agreement with a company, it constitutes an employment relationship.

Contracting is to contract the entire project or part of the project in different ways, and the contractor will find a way to organize personnel and machinery and equipment to complete the task. The labor relationship is to work for others, that is to say, the labor service personnel work for the contractor.

Legal analysis: both parties in the contract relationship are always in an equal position, and the contractor has independence in the process of completing the work, providing an independent labor, and there is no relationship of domination and obedience. In the labor relationship, the employee does not have the right to choose how to arrange the work, and the employee accepts the management and control of the employer.

The employer can arrange the work of the direct employer at any time, and the status is subordinate.

Legal basis: Labor Law of the People's Republic of China Article 3 Workers enjoy the right to equal employment and choice of occupation, the right to receive labor remuneration, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights provided by law. Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.

Legal analysis: the difference between the labor relationship and the contract relationship: 1. Whether there is a relationship of control and obedience between the two parties.

In the contracting relationship, both parties are always on an equal footing, and the contractor is independent in the process of completing the work, providing an independent labor, and there is no relationship of domination and obedience. 2. Whether the worker brings his or her own labor equipment is different: under normal circumstances, the employee only provides his or her own labor ability and does not need to provide equipment.

3. The content provided by the party providing the job is different: in the labor relationship, the employee provides simple labor, and generally continues to provide labor to meet the needs of the employer. 4. Whether the labor remuneration is paid regularly or the labor remuneration is settled at one time

The remuneration of the contractor in the contract relationship is generally a one-time settlement remuneration.

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.

Article 771: The content of a contract generally includes terms such as the subject matter, quantity, quality, remuneration, method of contracting, provision of materials, performance period, acceptance criteria and methods, etc.

The difference between a labor relationship and a contract relationship: A labor service relationship is a legal relationship in which the employee provides one-time or specific labor services to the employer according to an oral or written agreement, and the employer pays the labor remuneration to the employee according to the contract. The contracting relationship mainly exists in the form of subcontracting.

The general contractor of the project contracts a part of the contracted construction project to a contractor with corresponding qualifications in accordance with the law.

Civil Code of the People's Republic of China

Article 791.

The employer may enter into a construction contract with the general contractor, or may enter into a survey, design and construction contract with the surveyor, designer and constructor respectively. The employer shall not break up a construction project that should be completed by one contractor into several parts and award the contract to several contractors.

Civil Code of the People's Republic of China

Article 1192.

If a labor relationship is formed between individuals, and the party providing the service causes damage to others due to the service, the party receiving the service 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, Jingwan shall bear the corresponding liability according to the fault of both parties.

The differences between a labor relationship and a contract relationship are as follows:

1. Whether there is a different relationship between the two parties in terms of control and obedience. In the contracting relationship, both parties are always on an equal footing, and the contractor is independent in the process of completing the work, providing an independent labor, and there is no relationship of domination and obedience.

2. Whether the worker brings his own labor equipment is different. Under normal circumstances, in the labor relationship, the employee only provides his own labor ability and does not need to provide equipment;

3. The content provided by the party providing the work is different. In the labor relationship, the employee provides simple labor force, and generally provides labor on a continuous basis to meet the needs of the employer;

4. Whether the labor remuneration is paid regularly or the labor remuneration is settled at one timeThe remuneration of the contractor in the contract relationship is generally a one-time settlement remuneration.

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.

Article 771.

The content of the contract generally includes the subject matter, quantity, quality, remuneration, contract method, provision of materials, performance period, acceptance criteria and methods, etc.

Article 772.

The contractor shall complete the main work with its own equipment, technology and labor, unless otherwise agreed by the parties.

If the contractor entrusts the main work contracted by the contractor to a third party to complete, it shall be responsible to the contractor for the results of the work completed by the third party; Without the consent of the contractor, the contractor may also terminate the contract.

Article 773.

The contractor may entrust the ancillary work contracted by the contractor to a third party. If the contractor entrusts the auxiliary work contracted by the contractor to a third party to complete, it shall be responsible to the contractor for the results of the work completed by the third party.