Similarities and differences between illegal employment and labor relations

1. Whether you have legal labor rights is not the only criterion to distinguish labor relations from employment relations. As long as the two sides form a de facto labor relationship, you can deny the application of the employment relationship, and you don't have to stick to the constraints of the employer. That is to say, the main body of illegal employment not only includes "units without business licenses or without registration and filing according to law, and units whose business licenses or registration and filing have been revoked according to law", but also includes legal employment subjects who use child labor as the main body of illegal employment, and the main body of employment relations is very broad. As long as the employment affairs are not illegal, they are qualified employment subjects.

2. From the nature of the industry, illegal employment must be engaged in production and business activities, for the purpose of making profits and pursuing certain economic profits, while the employment relationship is engaged in production and business activities or other labor activities within the scope authorized or instructed by the employer, mainly for the convenience of the employer, not necessarily for the purpose of making profits and pursuing economic profits.

3. The scale of production and the number of employees are the key points to distinguish between illegal employment and employment relationship. Generally speaking, illegal employment requires a large scale of production and a large number of employees, basically more than 8 people (including 8 people), but the employment relationship does not require this.

4. Judging from the way of remuneration distribution, the existence time of business, whether there is a fixed place and the provision of labor tools and facilities, illegal employment focuses on the enterprise management mode, with monthly wages and remuneration according to work, a fixed production and business place and the provision of labor tools and facilities and labor protection articles, which conforms to the general enterprise model for a long time, but the employment relationship is obviously different. In the employment relationship, employees are mainly engaged in providing labor services, and the employment time is not fixed, which does not exist.

5. Whether to formulate various management systems and manage them according to them is the key to distinguish between illegal employment and employment relationship. Illegal employment has a certain management system, which can basically be managed according to its management system. Employees are bound by the system, and the labor or labor results provided are part of the work of illegal employers, and they are members of internal organizations, which have certain dependence on their identity. However, the employment relationship is generally verbally notified, and employees are not controlled and directed by their employers in their personal relationships.

6. The liability for compensation caused by illegal employment or employment relationship varies greatly, the applicable laws are different, and the compensation standards and projects are similar. Generally speaking, in the same fact, the compensation of rural hukou to the obligee in the employment relationship is lower, and the compensation of the immediate family members of the disabled or dead employees in illegal employment units is higher, while the compensation of urban hukou to the obligee in the employment relationship is the highest. However, the new interpretation of personal injury compensation may change this situation.