What is the difference between labor relations and labor relations theory?

Labor relationship refers to the legal relationship between the employee and the employer when the employee and the employer sign a labor contract in accordance with the law. The worker accepts the management of the employer, sells and sells the work arranged by the employer, becomes a member of the employer, and receives labor remuneration and labor protection from the employer.

"Employers" refers to enterprises, individual economic organizations, private non-enterprise units and other organizations within the draft of the People's Republic of China. At the same time, it also includes the establishment of labor relations between state organs, public institutions, and social organizations and workers.

Laborer refers to a natural person (Chinese and foreign natural person) who has reached the legal age, has the ability to work, takes income from certain social work as his main livelihood, and engages in labor under the management of the employer in accordance with the provisions of the law or contract.

Legal Analysis: Labor relationship refers to the labor contract signed between the employer and the employee in accordance with the law, and the legal relationship between the employer and the employee, and the employee is arranged by the employer to engage in relevant work and become an employee. In addition, they receive labor remuneration and labor protection.

The relationship established between the employer and the employee for a state agency or a formal enterprise. Workers refer to those who have the ability to work arbitrarily, work under the employer to obtain remuneration, and protect their rights and interests through contracts.

Legal basis: Article 10 of the Labor Contract Law of the People's Republic of China 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 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 enter into an employment contract before employment, the employment relationship shall be established from the date of employment.

What is the difference between an employment relationship and an employment relationship.

When there are two equal subjects in an employment relationship, one is the employer and the other is a natural person, the situation is very similar to that of the labor relationship. From a phenomenal point of view, it is easy to confuse one party that provides labor and the other party pays labor remuneration. In the case of dispatched or seconded workers, what is the difference between the labor relationship and labor relationship between the two units?

When there are two equal subjects in an employment relationship, one is the employer and the other is a natural person, the situation is very similar to that of the labor relationship. From a phenomenological point of view, one party provides labor and the other party pays for labor, so it is easy to confuse the two. There are also cases where labor personnel are dispatched or seconded, resulting in close overlap in the labor relationship between the two units and between the dispatching or lending unit and the workers.

That's the connection between the two.

In the adjustment of labor relations, we often encounter situations where labor relations and labor relations coexist. Clarifying the difference between the two is particularly important for doing a good job in labor and personnel work, correctly applying the law, and properly handling various disputes. Overall, there are five main differences between labor relations and labor relations:

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

Between the two subjects of labor relations, there are both property relations, i.e., economic relations, and personal relations, i.e., administrative subordination relations. In other words, in addition to providing labor, the worker should also accept the management of the employer, obey the arrangement of the employer, and abide by the rules and regulations of the employer. Although the parties to an employment relationship have equal legal status, their status in real life is unequal.

This is what we often say about the employer being strong and the worker being weak. However, there is only a property relationship or an economic relationship between the two subjects of an employment relationship, which is similar to an employment relationship. That is, when a worker provides a service, the employer pays the labor remuneration.

There is no administrative subordination between them, but they have a more equal subject status than the parties to the labor relationship. (3) The treatment of labor entities is different. In addition to wages and remuneration, workers in labor relations are entitled to insurance and benefits; Natural persons in an employment relationship are usually only paid for their work.

iv) different applicable laws. Labor law applies to labor relations, while contract law applies to labor relations (5) The legal form of the contract is different. Labor relations are established through labor contracts, and their legal form is in writing.

Labor relations must be established through an employment contract, and their legal form can be either oral or written.

Legal Analysis: Labor Relations is also known as"Employment Relations"。The relationship formed between the capitalist and the wage laborer under the capitalist system.

The laborer has the freedom to sell his labour power as a commodity to the capitalists for wages far less than the value he creates in the process of production.

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

Article 1 [Legislative Purpose] This Law is enacted in order to improve the labor contract system, clarify the rights and obligations of both parties to the labor contract, protect the legitimate rights and interests of workers, and build and develop harmonious and stable labor relations.

Article 2: [Scope of Application]This Law shall apply to enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People's Republic of China (hereinafter referred to as "employers") establishing labor relations with workers and concluding, performing, modifying, dissolving or terminating labor contracts.

The conclusion, performance, modification, dissolution or termination of labor contracts by state organs, public institutions, social organizations and workers with whom they have established a labor relationship shall be executed in accordance with this Law.

Article 3 [Basic Principles] 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.

Labor relations refer to the socio-economic relations established between workers and employers (including various enterprises, individual industrial and commercial households, public institutions, etc.) in the process of realizing labor. Handling of de facto labor relations: 1. Sign a written labor contract in a timely manner.

2. For employees who are unwilling to conclude a labor contract, they should immediately issue a "Notice of Signing a Labor Contract within a Time Limit". 3. Terminate the current de facto labor relationship in accordance with the law. Article 10 of the Labor Contract Law stipulates that a written labor contract shall be concluded for the establishment of an employment relationship.

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 labor relationship shall be established from the date of employment.