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Working in a company for eight consecutive years is a labor relationship or a labor relationship with the company.
Labor relations refer to the legal relationship between organs, enterprises, institutions, social organizations and individual economic organizations (collectively referred to as employers) and individual workers. Workers accept the management of employers, engage in the work arranged by employers, become members of employers, receive labor remuneration from employers and accept labor protection. In real life, it is quite common for employers not to sign labor contracts with workers, but as long as both parties actually fulfill the above rights and obligations, a de facto labor relationship will be formed. In fact, compared with labor relations, labor relations only lack the formal requirements of written contracts, but it does not affect the establishment of labor relations. Labor relationship is a legal relationship in which workers and employees provide one-time or specific labor services to employees according to oral or written agreements, and employees pay labor remuneration to employees according to the agreements. The main differences between labor relations and labor relations are as follows: 1, and they have different bases. Labor relations are based on the combination of production factors between employers and workers; Labor relations are produced on the basis of mutual consent. If the two parties have no intention to conclude a contract through consultation, no written agreement or oral agreement, but according to the provisions of the company's articles of association, a kind of rights and obligations relationship with the nature of integration and separation between the employer and the employee should generally be recognized as a labor relationship, not a labor relationship. 2. The applicable laws are different. Labor relations are mainly regulated by civil law, contract law and economic law, and labor relations are regulated by labor law and labor contract law. 3. Different academic qualifications. The subject of labor relations can only be a legal person or an organization, that is, an employer, and the other party must be an individual worker. The subject of labor relations cannot be both a natural person and a legal person or organization; Both parties to labor relations can be legal persons, organizations and citizens at the same time, or citizens and legal persons and organizations. The Opinions of the Ministry of Labor on Implementing Several Issues further defines this in the scope of application in Part I, in which Article 1 states: "The' individual economic organization' in Article 2 of the Labor Law refers to individual industrial and commercial households with less than seven employees." 1994 "Reply of the General Office of the Ministry of Labor on How to Confirm the Subject of Temporary Workers" (No.Lao Ban Fa [1994] 109) once pointed out that the person in charge of private contractors is also the subject of employment, that is, private individuals may also become the subject of employment in labor relations. However, on June 24, 2002, the Ministry of Labor and Social Security explicitly abolished the above-mentioned reply in the Notice on Abolishing the Two Replies of the General Office of the former Ministry of Labor on How to Confirm Temporary Workers ([2002] 108). Therefore, natural persons cannot become the main body of employment in labor relations in the name of individuals, and the minimum requirement is that they must be individual industrial and commercial households registered in industry and commerce. 4. The nature of the subject and its relationship are different. There are not only property relations, that is, economic relations, but also personal relations, that is, administrative affiliation. 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 and assessment), and become internal employees of the employer. However, there is only property relationship, that is, economic relationship, between the two sides of labor relations, and there is no attribute. There is no administrative affiliation, and there is no right and obligation to manage and be managed, dominate and be dominated. Workers provide labor services and employers pay labor remuneration, which are independent and equal. This is the most basic and obvious difference between labor relations and labor relations. 5. It is different in whose name the work is carried out and who bears the responsibility. In fact, labor relations are that workers work in the name of the employer and employees belong to the employer. The behavior of providing labor belongs to the duty behavior and constitutes a part of the overall behavior of the employer. The employer bears legal responsibility, which has nothing to do with the employee himself. Labor relations are the parties who provide labor services, engage in labor activities in their own names, and independently bear legal responsibilities. If personal or property damage is caused to a third party due to its own fault in the process of providing labor services, the damage has nothing to do with the employer. Article 43 of the General Principles of Civil Law: "An enterprise as a legal person shall bear civil liability for the business activities of its legal representative and other staff members." The Supreme People's Court's "About Implementation"
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