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What is labor relations?

What is labor relations? What laws have made provisions and judicial interpretations on labor relations?

At present, it is the Tort Liability Law that clearly puts forward labor relations, which implies the General Principles of the Civil Law and the Judicial Interpretation of Personal Injury Compensation, including individual labor relations, employment relations and employment relations of units without legal personality.

How to identify it as labor relations

1, labor relations mainly distinguish labor relations;

2. The law only recognizes one kind of labor relationship. If a person has a labor relationship, this relationship can be regarded as labor when it is established under normal circumstances;

3. Special subjects can be identified as labor relations, such as the special behavior of using child labor and the re-employment of retirees;

4, labor relations and labour relation mainly have the following differences:

(1) 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 law is 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 subject 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.

What is labor relations?

Labor relations refer to a legal relationship between laborers and employers, in which laborers provide labor services and employers pay labor remuneration according to the contract.

What is the difference between labor relations and labor relations?

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 just have no written labor contract, but it does not affect the establishment of labor relations. Labor relations are legal relations 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 differences between labor relations and labour relation are mainly manifested in the following aspects: 1. From the subject of the contract. One party to the labor relationship must be the employer. That is, organs, enterprises, institutions, social organizations or individual economic organizations, and the other party is individual workers. Both sides of labor relations can be individuals or units, or one side is units and the other side is individuals. 2. From the relationship between employers and employees. Workers in labor relations obey the employer, accept the management of the employer, abide by the rules and regulations of the employer, engage in the work assigned by the employer, and obey the personnel arrangements of the employer. However, in labor relations, both sides are equal subjects. Workers only provide services according to the contract, and workers only pay remuneration according to the contract. The two sides have no affiliation, and have no rights and obligations to manage and be managed, dominate and be dominated. 3. From the payment form. The way to pay remuneration for labor relations is generally to pay wages on a monthly basis, which is regular. In labor relations, most of them are paid in one lump sum or in installments, and there is no certain law. 4. From the application of law. Disputes arising from labor relations are disputes between employers and workers and should be adjusted by the labor law.

What's the difference between labor relations and contractual relations?

Labor relations in labor law are easily confused with those in civil law, such as labor service, contracting, contracting and agency. Because the labor law provides special protection for workers,

Employers' responsibilities to laborers are higher than general civil relations, so in real life, some employers often shirk their responsibilities in the labor law on the grounds of the relationship between labor, employment, contracting, contracting and agency.

Employment (labor service) relationship refers to the right and obligation of the hired employee to accept the command and arrangement of the employer and provide him with specific or unspecified services within a certain or unspecified period of time, and the employer accepts the services provided by the employee and pays the remuneration according to the agreement. Contract relationship is the right and obligation of the contractor to complete the work and deliver the work results according to the requirements of the ordering party, and the ordering party pays the remuneration. Identification of employment relationship and contract relationship

How to distinguish between employment relationship and contract relationship is very important. The employment relationship refers to the rights and obligations of employees to provide specific or unspecified services according to the employer's command and arrangement, and the employer pays remuneration according to the services provided by employees. According to Article 151 of the Contract Law of People's Republic of China (PRC), contract relationship refers to the right and obligation of the contractor to complete the work and deliver the labor results according to the requirements of the ordering party, and the ordering party pays the remuneration. Unless otherwise agreed by both parties, the contractor shall use his own equipment, technology and labor to complete the main work. I think the main differences between them are as follows:

First, see if there is a master-slave relationship between the two sides. In an employment relationship, employees have no right to choose how to arrange their work. The employer can arrange and direct the work at any time, and the employer must provide reasonable working conditions and guarantees for the employees. In the contracting relationship, the contractor completes the work independently, and both parties have equal status from beginning to end. There is no dominant and subordinate relationship between the ordering party and the contractor. The contractor enjoys independent control over the contracting activities and is only responsible for the labor results of the ordering party. The ordering party has no right to interfere in the arrangement of how to complete the work. The Contract Law stipulates that the ordering party has the necessary right of supervision and inspection, but it also stipulates that the ordering party shall not interfere with the normal work of the contractor due to supervision and inspection.

Second, the two sides have different preconditions for forming a contract. In the employment relationship, employers generally choose employees on the basis of whether their labor skills meet their work requirements, while employees directly promise to provide services by looking at whether their labor remuneration meets their own requirements. In the contracting relationship, the ordering party should consider whether the other party's equipment, skills, reputation and labor force are competent for the work, and the contracting party should consider whether its own skills and existing conditions can complete the work and make profits before concluding the contract.

Third, the content provided by the party providing the job is different. In the employment relationship, employees provide pure labor to meet the needs of employers, while in the contract, contractors provide labor results with their unique skills.

Fourth, the party providing the job depends on the labor facilities differently. In the employment relationship, employees do not need to provide labor equipment, but mainly provide their own labor. In the contractual relationship, the contractor should provide equipment and working conditions to facilitate the completion of labor results, and the ordering party does not need to provide labor equipment. The difference between contract relationship and labor relations lies in:

(1) Whether the parties have control, domination or subordination. In contract relationship, the contractor provided an independent labor force. The contractor does not accept the management, restraint and domination of the employer, but takes the business risks with his own skills, facilities and knowledge, basically does not have to obey the relevant work instructions of the unit, and has no subordinate relationship with the engineering contractor.

(2) Whether one party specifies the workplace, provides labor tools or equipment, and limits working hours. In contract relationship, the contractor often prepares tools or equipment by himself to complete the task in a limited place and time.

(3) Whether to pay the labor remuneration regularly or settle the labor remuneration at one time, the remuneration of the contractor in contract relationship is generally a one-time settlement remuneration.

(4) whether it is the result of continuous provision of labor services or one-time provision of labor services, the contractual relationship is generally the result of one-time provision of labor services.

(5) Whether the services provided by one party are its independent business or business activities, or constitute an integral part of the business or business activities of the other party to the contract. The contractor's labor in contract relationship is relatively independent.

From the legal express

What is the difference between labor relations and employment relations in labor relations?

Hello, we should distinguish between labor relations and employment relations.

(A) the scope of the subject relationship is different. The subject of labor relations is specific, that is, one party can only be an individual worker, and the other party must be an employer, including enterprises, individual economic organizations, private non-enterprise units, state organs, institutions, social organizations and other organizations in China. Moreover, as the main body of labor relations, workers have strict restrictions and must reach the legal working age and have the ability to work. In addition, compared with the civil service system, civil servants, institutions and social group work personnel, rural workers and active servicemen cannot become the main body of labor relations; /kloc-A worker under the age of 0/6 or a woman over the age of 55 does not constitute a labor relationship with a man over the age of 60. However, the scope of the subject of the employment relationship is wider, and the employment relationship can be formed between citizens with equal subjects and between citizens and legal persons. For example, when a construction company builds an office building, it has a verbal agreement with the owner Li to transport sand and gravel for it. Li hired driver Huang to transport gravel for the company. During road transportation, Huang drove illegally and collided with a normal car, causing heavy casualties in the car. The traffic police department determined that Huang was fully responsible for the accident. From the main point of view, in this case, both Li and Huang are natural persons, belonging to individual employment, and the employment relationship between Huang and Li is not within the scope of adjustment of the Labor Law.

(2) The status of relationship subjects is different. In labor relations, employers and workers are not only equal, but also subordinate, that is, the relationship between management and being managed. Laborers are members of the employing unit and must abide by the rules and regulations of the employing unit and engage in work under the leadership and management of the employing unit. For example, Zhao was introduced by the person in charge of the enterprise and was recruited to the position of boiler worker. So far, no labor contract has been signed. One day at work, Zhao's thumb disappeared due to boiler failure. Zhao believes that although the two sides have not signed a labor contract, they have been working in the boiler post so far, and the certificate issued by Sun, the person in charge of the enterprise, is enough to prove that there is a de facto labor relationship with the enterprise and demand compensation for work-related injuries. The enterprise believes that Zhao is not a staff member of this unit and has no labor relationship with this unit. The certificate issued by Sun, the person in charge, can only prove that the defendant was injured at that time, but cannot prove that the defendant is a staff member of this unit. The court held through trial that the plaintiff Zhao was recruited as a temporary worker by the defendant, who worked as a boiler, and the defendant paid a certain amount of labor remuneration to the plaintiff, ruled that the plaintiff and the defendant formed a de facto labor contract relationship, and supported Zhao's claim for the defendant to pay compensation for work-related injuries. This case is about employing temporary workers by employers, and it is reasonable for the court to finally handle it according to labor relations. Because although the plaintiff is not a formal employee of the defendant's unit, he regularly receives remuneration from the defendant and forms a personal affiliation with the defendant, which of course constitutes a factual labor relationship. In the employment relationship, although the employee is subject to the supervision, management and domination of the employer to a certain extent, the rules and regulations of the employer are usually not binding on the employee, and the employee does not need to obey the attendance management, reward and punishment management, promotion management and salary promotion management of the employer. Laborers are relatively independent in practical work and have no subordinate relationship with each other.

(3) The legal nature of the relationship is different. Labor relations are mainly regulated by the labor law, mainly the People's Republic of China (PRC) Labor Contract Law and its implementing regulations. Labor law belongs to the category of social law, and the "labor interest" it maintains is a kind of social interest. Therefore, in the labor law, workers with labor relations enjoy more rights and less obligations, while employers bear more obligations and enjoy less rights. Employers must negotiate specific rights and obligations with workers on the basis of ensuring minimum standards. The employment relationship is mainly regulated by civil law, including the general principles of civil law and the Supreme People's Court's judicial interpretation of personal injury compensation. Its provisions on employment relations are broad and general, mainly obeying the autonomy of the parties, and there is almost no minimum guarantee for the subject of employment relations.

The procedures for handling labor disputes are different. After a labor dispute occurs between the subjects of labor relations, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to a mediation organization for mediation; Unwilling to mediate, failing to mediate or failing to perform after reaching a mediation agreement, it shall first apply to the Labor Dispute Arbitration Committee for arbitration; Unless otherwise provided by law, those who are dissatisfied with the arbitration award may bring a lawsuit to the people's court again, and labor arbitration is the pre-procedure for bringing a lawsuit. And the subjects of the employment relationship. ......

What are the similarities and differences between labor relations and employment relations?

In judicial practice, we often encounter cases involving employment, contracting or labor relations. Because the relationship between such cases is difficult to distinguish in the trial, there is great controversy about the nature of such cases in the trial practice, which leads to the same case being handled by different judges because of different legal relationships. Therefore, it is of great significance to strictly grasp the similarities and differences between employment relations, contract relationship and labor relations in trial practice. The author wants to talk about the differences between the three.

First, different ideas. The employment relationship refers to the rights and obligations of the laborer (employee) to engage in production and business activities or other labor activities within the scope authorized or designated by the employer within a certain or unspecified period, and the employer accepts the labor services provided by the laborer and pays the remuneration according to the agreement. Contract relationship is the right and obligation of the contractor to complete the work and deliver the work results according to the requirements of the ordering party, and the ordering party pays the remuneration. Labor relations refer to the labor relations in which laborers provide labor, employers use labor, and the two sides form dominant and dominated labor relations.

Second, the personal control and management relationship between the two parties is different. In the employment relationship, the status between employers and employees is unequal, and they are in a dominant and obedient relationship. Employers must provide employees with reasonable working conditions and guarantees, and at the same time supervise and manage their work, while employees need to obey their employers' arrangements and provide services according to their own wishes. In the contractual relationship, the status of both parties is equal, and there is no relationship of domination and obedience. In labor, the contractor generally decides its own operating procedures and labor process, and is not subject to the arrangement or supervision of the ordering party, and the contractor completes the work independently; However, in labor relations, the two sides only form a relationship of domination and domination over the labor force.

Third, the content of providing labor and paying remuneration is different. In the employment relationship, what employees pay is mainly labor, of course, including certain technical achievements, but usually its technical content is relatively low, and its remuneration structure is relatively simple, including only the value of labor. In the processing contract relationship, the contractor mainly pays certain technical achievements, followed by certain labor force; The contracted projects should be special, generally need to have corresponding equipment conditions and contain certain technical components; The remuneration in the contractual relationship is also different from that in the general labor relationship, which includes not only the value of labor, but also the value of technology and a certain profit. In labor relations, workers only provide pure manual labor without technical content, and the reward is only the value of labor.

Fourth, the contract subject is different. 1. The main difference between an employment contract and a labor contract lies in the degree of state intervention: the content of the employment contract is determined by both parties through free consultation; In addition to free negotiation, the contents of a labor contract must also conform to the statutory working conditions and labor protection regulations of the state. Article 2 of China's "Labor Law" stipulates that "this law is applicable to enterprises and individual economic organizations (hereinafter referred to as employers) and laborers who have formed labor relations with them in People's Republic of China (PRC). State organs, institutions, social organizations and laborers who have established labor contract relations with them shall be implemented in accordance with this Law. " According to the above provisions, the subjects involved in labor contracts in China are: (1) various domestic-funded enterprises, individual industrial and commercial households and laborers who have established labor relations with them. (2) State organs, institutions, social organizations and laborers who have formed labor relations with them. However, the parties to employment contracts are generally natural persons, as well as rural contracted business households and their employees, which are not within the scope of adjustment of the labor law. 2. The difference between employment contract and contract system. Judging the difference between them mainly depends on whether there is a subordinate relationship between them. The contract is between equal subjects, and there is no subordinate relationship between them. Specifically, it can be judged from the following aspects:

First, see who provides the workplace and production conditions (such as equipment, tools, raw materials, etc.). ). Under the employment relationship, the workplace and production conditions are generally provided by the employer, and employees are only responsible for providing labor services. In contract relationship, the contractor is generally responsible for providing the workplace and production conditions, and the contractor delivers the work results to the ordering party.

Second, look at the payment method. Employers usually pay their employees monthly or regularly, which is equivalent to the price of labor. In contract relationship, the ordering party only pays the remuneration when the contractor completes a certain job or something, which includes not only the labor price, but also other production costs.

Third, look at the way of working. The way employees work should obey the orders of their employers. ......

Basic concepts of labor relations

Labor relations () refers to a social relationship in which one party providing labor services provides labor services to the needy party, and the needy party pays the agreed remuneration. Labor relations are regulated by General Principles of Civil Law of People's Republic of China (PRC) and Contract Law of People's Republic of China (PRC). Whether to sign a written labor contract between the parties establishing labor relations shall be decided by both parties through consultation. Labor relations are civil rights and obligations established by two or more equal subjects through labor contracts. The contract can be in written form, oral form and other forms. The applicable law is mainly People's Republic of China (PRC) (China) Contract Law. Labor relations and labor contracts are a popular term as the name implies, but there is no such term in the contract law. Labor contracts that belong to contracted labor services seem to belong to legal "contracting contracts", and labor contracts that belong to laborers who export labor services seem to belong to legal "lease contracts". Unlike labor contracts, labor contracts have no fixed format and necessary clauses. Its content can be in accordance with the provisions of Article 12 of the Contract Law, and the parties can choose the terms at will according to the specific circumstances.

What is the difference between labor relations and labor relations?

According to, the basis of the two is different. Labor relations are based on the combination of production factors between employers and workers; Labor relations are produced on the basis of mutual consent. Second, the applicable law is 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. Third, the subject qualifications are different. 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. Fourth, 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 bear legal responsibilities independently. 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. Both the land contract and the content of the contract are interfered by the state to varying degrees. The terms and contents of labor contracts are often stipulated by mandatory legal norms. To terminate the labor contract, the employer must meet the conditions stipulated in the labor law, unless both parties reach an agreement through consultation. The state's intervention in the labor contract is relatively low, and the agreement on the content of the contract mainly depends on the autonomy of the parties. Unless it violates the mandatory provisions of national laws and regulations, it shall be determined by the parties through free consultation. The binding force of paint and internal rules and regulations is different. Labor contract is a special employment contract or subordinate employment contract. Enterprises have the unilateral right to reward and punish employees for observing internal rules and regulations. However, if there is a dispute between the two parties to the labor contract, the labor contract itself can only be used as the basis for resolving the dispute, and neither party's internal rules and regulations can be used as the basis for the rights and obligations of both parties. Yes, the control of labor force is different. In labor relations, the control of the labor force belongs to the employer who owns the means of production, and the two sides form the subordinate relationship between the manager and the managed; In labor relations, labor providers organize and guide the labor process themselves. 9. The right to participate in enterprise management is different. As workers in labor relations, they have the right to participate in the democratic management of enterprises through trade unions, workers' congresses, workers' congresses and supervisory committees. , exercise the right of approval, put forward suggestions or express opinions on the appointment and removal of senior managers, business decisions, employee rewards and punishments, wage system, welfare, labor protection, insurance and other matters. However, as a labor service provider in the labor contract relationship, not an internal employee of the enterprise, it does not enjoy the above rights and has no right to interfere or ask about the production and operation of the enterprise. According to 0, the rules of work and rest time are different. In the labor contract, the employer must reasonably arrange the working hours, rest and vacation of the workers in strict accordance with the labor law and relevant state regulations. If the employer requires workers to work on legal holidays, they must pay extra overtime pay according to law, and so on. With regard to the labor service contract, unless otherwise agreed by both parties, the labor service provider may arrange the time for providing labor services by himself. As for whether to provide labor services on legal holidays and at China time every day, both parties can agree on their own; If there is no agreement between the two parties, it can be handled in accordance with the provisions of Article 2 of the Contract Law. The amount of labor remuneration is directly agreed by both parties in the labor contract, and does not change with the specific time of providing labor services. Even if the time for providing labor services exceeds eight hours a day, or more than forty hours a week, or during legal holidays, the labor service provider shall not make corresponding requirements. ......

Is it labor relations or labor relations?

I. Labor relations and characteristics of labor relations:

Labor relationship is a traditional economic and social relationship, which refers to the relationship of rights and obligations between two or more equal subjects. According to the civil legal norms, one party provides labor services for the other party, and the other party pays labor remuneration according to the contract. Broadly speaking, it includes contracting, contracting, transportation, technical services, entrustment, trust and intermediation. Labor relations have the following characteristics: first, in the main body, both parties can be legal persons or citizens, or one party can be legal persons and the other is citizens. The content of the labor service contract is mainly agreed by both parties through consultation, which can be agreed orally or signed in writing; Second, labor relations are contractual relations between equal subjects. Workers provide labor services, and employers pay labor remuneration, without providing insurance, welfare and other benefits, and there is no personal affiliation; Third, labor relations are based on and regulated and protected by civil legal norms. The possible liabilities of labor relations are generally civil liabilities such as breach of contract and infringement.

Labor relations are the object of adjustment in China's labor law. Workers are not only protected by the general civil law, but also by the labor law. According to Article 1 of the Notice of the Ministry of Labor and Social Security on Establishing Labor Relations (No.KLOC-0/2 issued by the Ministry of Labor and Social Security [2005]), if the employer fails to conclude a written labor contract but meets the following conditions at the same time, the labor relationship is established: (1) The employer and the employee meet the subject qualifications stipulated by laws and regulations; (2) Laborers accept the labor management of the employing unit and engage in paid labor arranged by the employing unit, and the labor rules and regulations formulated by the employing unit according to law shall apply; (3) The labor provided by laborers is an integral part of the employer's business. This clause clearly defines labor relations. From the above provisions, the constitutive requirements of labor relations include three elements: subject qualification, subordinate relationship and labor nature.

Second, the difference between labor relations and labor relations:

(A) the main qualifications are different

According to Article 2 of the Labor Contract Law, the subject of labor relations is specific, that is, one is the employer and the other is the laborer. Laborers refer to natural persons who meet the conditions of working age and have the right to work and the ability to act. The employing unit refers to the state organs, institutions, social organizations, enterprises, individual economic organizations or private non-enterprise units that have established labor relations with laborers. However, there are many kinds of subjects in labor relations, and their subjects are not specific. They may be two or more equal subjects. It may be the relationship between legal person, natural person, legal person and natural person. In addition, the requirements of laws and regulations on the qualifications of labor service providers are not as strict as those on the subjects of labor relations.

(B) the main status is different

After the establishment of labor relations, the status of workers and employers is unequal, and there is not only a property relationship, but also an administrative subordination relationship between the leader and the led. As a member of the employer, the laborer should not only provide labor, but also accept the management of the employer, abide by the rules and regulations of the employer, engage in the work assigned by the employer, and obey the personnel arrangement of the employer. It reflects a stable and continuous relationship among means of production, workers and labor objects; However, in labor relations, both parties enjoy equal civil rights and obligations. Workers provide labor services and employers pay labor remuneration, which only reflects the property relationship between them, and there is no administrative subordination relationship. The relationship between the two is often expressed as "temporary, short-term and one-off".

(3) The rights and obligations of the parties are different.

In labor relations, there are both general obligations and incidental obligations between workers and employers. For example, employers should handle social insurance for workers, labor risks should be borne by employers, and workers should abide by the internal rules and regulations of employers. These incidental obligations do not exist in labor relations. The difference between the two is reflected in the following aspects:

1), remuneration, social security benefits, besides wages, workers also have insurance, welfare and other benefits in labor relations, which is a legal obligation to the employer's deterministic norms. Therefore, workers who suffer accidental injuries or occupational diseases in the process of labor are industrial accidents, and the labor risks are entirely borne by the employer; However, natural persons in labor relations generally only get paid for their work, and the work risks are generally borne by the service providers themselves, unless the working environment and working conditions are provided by employees, as otherwise provided by law.

2) In principle, due to more state intervention, labor relations are unequal. ......