The difference and determination of labor relations and labor relations

The subject of the labor relationship is specifically the employee and the employer, and the subject qualification stipulated by laws and regulations is required. In terms of law, the subject of labor relations is only required to have the qualifications of ordinary civil subjects, but not to have the qualifications of workers or employees.

In addition to providing labor, the worker must also accept the management of the employer, obey its arrangements, and abide by its rules and regulations. However, the labor relationship is an ordinary civil relationship, which only exists in the property relationship, there is no special identity relationship between the two parties, there is no subordinate relationship between the two parties, and the nature of the relationship between the parties is different, which is the essential difference between the labor relationship and the labor relationship.

The treatment of the two labor subjects is different. In addition to labor remuneration, the treatment of workers in labor relations also includes social insurance, welfare and other benefits. In the labor relationship, the worker only has labor remuneration and does not involve social insurance.

Labor relations are governed by labor law, while labor relations are governed by ordinary civil law.

[Legal basis].

Article 3 of the Labor Contract Law of the People's Republic of China The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract. Article 10 A written labor contract shall be concluded for the establishment of labor relations.

If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment. Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

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

8 Laws are different. Labor relations are mainly regulated by the Labor Law and the Social Security Law, such as the Labor Law, the Labor Contract Law, and the Social Insurance Law. Labor contracts are mainly regulated by civil and commercial laws such as the General Principles of the Civil Law of the People's Republic of China (hereinafter referred to as the General Principles of the Civil Law) and the Contract Law of the People's Republic of China (hereinafter referred to as the Contract Law). As a result, the legal norms governing the adjustment of the labor relationship cannot be applied to the labor relationship.

For example, the "Civil Trial Guidance and Reference" research group of the First Civil Trial Division of the Supreme People's Court held that when an employee fraudulently signs a labor contract, the provisions of the Contract Law on the period for exercising the right to revoke a fraudulent contract cannot be applied.

9 Legal responsibilities are different. The liabilities arising from the non-performance and illegal performance of the labor contract are not only civil liability, but also administrative liability. Labor relations need to bear the main responsibility of the employer (such as the purchase of insurance, economic compensation, employment liability and a series of issues).

The liabilities arising from the labor relationship are only the liability for breach of contract and tort liability in civil liability.

10 Disputes are handled differently. For labor relations disputes, applicants should first apply to the labor dispute arbitration commission for arbitration, and only those who are dissatisfied with the arbitration award can file a lawsuit with the people's court within the statutory period (pre-arbitration); If a labor dispute cannot be resolved through negotiation after it arises, it can be resolved directly through litigation.

Determine according to the difference between the two. The difference between labor relations and labor relations:

1. The main body is different;

2. The nature of the relationship is different;

3. The treatment of labor subjects is different, and the treatment of workers in labor relations includes social insurance, welfare and other benefits in addition to labor remuneration. In the labor relationship, the worker only has labor remuneration and does not involve social insurance.

4. The applicable laws are different.

(1) The subject is different. The subject of the labor relationship is determined, that is, one party is the employer, and the other party must be the employee. The subject of the labor relationship is uncertain, and it may be two equal subjects, or it may be two or more equal subjects; It may be a relationship between a legal person, a natural person, or a legal person with a natural person.

2) The relationship is different. There is not only a property relationship, that is, an economic relationship, but also a personal relationship, that is, an administrative subordination relationship, between the two subjects of labor relations. In other words, in addition to providing labor, workers must also accept the management of the employer, obey its arrangements, and abide by its rules and regulations.

Although the legal status of both parties to an employment relationship is equal, the status in actual life is unequal. This is what we often say that the employer is the strong and the worker is the weak. However, there is only a property relationship, or an economic relationship, between two subjects in a labor relationship that is similar to a labor relationship.

That is, the worker provides labor services, and the employer pays labor remuneration. There is no administrative subordination relationship between them, but a relationship in which the subject status is more equal than that of the parties to the labor relationship.

[Legal Analysis].According to the relevant provisions of China's Labor Contract Law and judicial interpretations, the difference between labor relations and labor relations lies in the basis of their production and the subject of the contract. In terms of the basis for the employment, the employment relationship is based on the relationship between the employer and the employee for the provision and acceptance of labor, while the basis for the employment relationship is the employment of the employer for a period of time or a work task agreed by both parties.

In terms of subject qualifications, only one party of the labor relationship can be a legal person or organization, and the other party must be a worker, while the subject of the labor relationship does not have any requirements. Bad cons.

[Legal basis].Article 7 of the Labor Contract Law stipulates that an employer shall establish an employment relationship with an employee from the date of employment. The employer shall establish a roster of employees for future reference.

Article 8 of the Labor Contract Law stipulates that when an employer recruits a worker, it shall truthfully inform the employee of the work content, working conditions, work location, occupational hazards, safety production status, labor remuneration, and other information that the employee requires to know. The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it.

Article 58 of the Labor Contract Law The labor dispatch unit is the employer referred to in this Law, and shall fulfill the obligations of the employer to the employee. In addition to the matters specified in Article 17 of this Law, the labor contract concluded between the labor dispatch unit and the dispatched worker shall also specify the employing unit of the dispatched worker, the dispatch period, the position and other circumstances. The labor dispatch unit shall enter into a fixed-term labor contract with the dispatched worker or his/her family for a period of more than two years, and pay the labor remuneration on a monthly basis; During the period when the dispatched worker is not working, the labor dispatch unit shall pay him monthly remuneration in accordance with the minimum wage standard stipulated by the local people.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

The differences and judgments between labor relations and labor relations are as follows:

1. The basis for the two is different.

Labor relations are based on the combination of factors of production between employers and workers; The employment relationship arises on the basis of the agreement between the parties.

2. The qualifications of the subjects are different.

The subject of the labor relationship is only one party is a legal person or organization, that is, the employer, and the other party must be an individual worker, and the subject of the labor relationship cannot be a natural person at the same time, nor can it be a legal person or organization at the same time; Both parties to the labor relationship can be legal persons, organizations and citizens at the same time, or they can be citizens and legal persons and organizations.

3. The nature of the subject and its relationship are different.

There are not only property relations, i.e., economic relations, but also personal relations, i.e., administrative subordination relationships, between the two parties to labor relations. In addition to providing labor, workers must also accept the management of the employer, obey its arrangements, abide by its rules and regulations (such as attendance, assessment, etc.), and become internal employees of the employer. However, there is only a property relationship, that is, an economic relationship, between the two parties of the labor relationship, and there is no subordinate relationship between each other, there is no administrative subordination relationship, there is no right and obligation to manage and be managed, to dominate and to be dominated, and the worker provides labor services, and the employer pays the labor remuneration, which is independent and has equal status.

This is the most basic and obvious difference between labor relations and labor relations.

4. In whose name the work is carried out and who bears the responsibility.

It is the worker who works in the name of the employer, the worker is an employee of the employer, and his act of providing labor is an act of duty, which constitutes a part of the overall act of the employer, and the employer bears legal responsibility, which has nothing to do with the employee himself. The labor relationship is that the party providing the labor service engages in labor activities in its own name and independently bears legal responsibility. If damage to the person or property of a third party is caused solely through its own fault in the course of providing services, the employer has nothing to do with the damage.