Does the contractor have a labor relationship with the contracting company when recruiting people?

Article 11 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases stipulates: "If a worker suffers personal injury in the course of labor, the employer shall bear the liability for compensation". If a third person other than the employment relationship causes personal injury to employees, the obligee for compensation may require the third person to bear the liability for compensation, or the employing unit to bear the liability for compensation. After the employer assumes the liability for compensation, it may claim compensation from a third party. If the employing unit and the subcontracting unit know or should know that the employing unit that accepts the business of the employing unit or the subcontracting unit does not have the corresponding qualifications or conditions for safety in production, the laborer and the employing unit shall bear joint and several liabilities for personal injuries caused by safety accidents that occur in their employment activities. The provisions of this article do not apply to the labor relations and personnel within the scope of work-related injury insurance after the adjustment of the Regulations on Work-related Injury Insurance.

Employment relationship means that employees engage in production and business activities or other labor activities by using the conditions provided by employers within the scope authorized or instructed by employers. It is characterized by a relatively stable and long-term contractual relationship, which is dominated and constrained by the will of the employer, and is the relationship between supervision and being supervised, management and being managed.

Labor contracts are different from general employment contracts. It is a special social contract with the characteristics of standardization, fixity and government intervention.

The contract agreement between employers is an economic contract, that is, the enterprise contracts part or all of the production process to the employer. As for who the employer will hire and how long the employment will last, it depends on the employer. The enterprise has not signed a labor contract with its employees, so there is no economic connection and no characteristics of actual labor relations. Therefore, the temporary workers employed by the contractor have no labor relationship with the employer's company, but only employment relationship with the contractor.