The difference between employee relations and labor relations

The difference between labor relations and labor relations is 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. 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. 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. 6. The contents 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. 7. The binding force of 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. 8. The dominant position of the 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. 10, the schedule is 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 how much time to provide labor services 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 16 of the Civil Code. 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 labor service provided exceeds eight hours a day, or more than 44 hours a week, or during legal holidays, the labor service provider shall not ask for additional remuneration. 1 1, tools, equipment and other materials are provided differently. In labor relations, the employer must have certain material conditions such as workshop, office space, instruments and equipment, and provide necessary safety and health protection and protective articles for workers' labor. In labor relations, the provision of tools, equipment and other material conditions, if not stipulated in the contract, should generally be provided by the labor service provider. Because in labor relations, the obligation of service providers is mainly to provide agreed service results. As for the way to provide services, it is up to the service provider to decide. 12, the obligation of vocational skills training is different. In labor relations, according to Article 68 of the Labor Law, employers have the obligation to provide vocational training for workers to enhance their skills. In labor relations, it is the duty of the service provider to improve his skills, and the other party only accepts the services provided by him and does not interfere with his vocational training. 13, the handling of the subject is different. Workers in labor relations not only receive wages, but also receive insurance and welfare benefits. In labor relations, natural persons usually only get paid for their work. 14. Employers have different obligations. The performance of labor contracts runs through the whole process of state intervention. In order to protect workers, the Labor Law stipulates many obligations for employers, such as paying social insurance for workers, and the wages paid by employers shall not be lower than the minimum wage set by the local government. These legal obligations must be fulfilled and cannot be changed through consultation. The employer of a labor contract generally has no such obligation. Of course, the above contents may or may not be agreed upon by both parties. 15, the nature of remuneration and payment methods are different. The labor remuneration arising from the performance of the labor contract has the nature of distribution, which embodies the principle of distribution according to work, and is not completely directly related to the change of market supply and demand. Its payment form is often stipulated as continuous and regular wage payment (generally monthly and regular); The labor remuneration obtained from the labor service contract is paid according to the market principle of equal value and compensation, which is completely determined by both parties through consultation. It is a one-time payment of commodity prices (mostly one-time instant settlement or installment payment, without certain rules), and commodity prices are directly related to market changes. In the labor contract relationship, wages shall be paid in legal tender, and physical objects and negotiable securities shall not be used instead of money. The payment method of remuneration is characterized by monetary form and monthly payment. In the labor contract relationship, remuneration can be paid in the form of money, physical objects or securities, by installments or at one time. 16, the priority of getting paid is different. In labor relations, the remuneration received by workers is expressed as wages; In labor relations, the remuneration obtained by the labor service provider is labor fee, which belongs to the general creditor's right 17, and the legal liabilities arising from breach of contract are different. The responsibilities arising from non-performance and illegal performance of labor contracts are both civil and administrative responsibilities. For example, if the wages paid by the employer are lower than the local minimum wage, the labor administrative department shall order the employer to make up the wages below the standard within a time limit, and the labor administrative department that refuses to pay may also give the employer administrative sanctions such as warning. The responsibilities arising from labor contracts are only civil responsibilities-breach of contract and tort liability, and there is no administrative responsibility. 18, the protection time is different. As a general civil case, the limitation for the parties to a labor dispute to ask the people's court for protection applies to Article 188 of the Civil Code, that is, three years. The limitation of appeal for current labor arbitration is 60 days. 19. Disputes are handled in different ways. After a labor contract dispute occurs, it should be submitted to the labor arbitration committee of the labor organ for arbitration, and those who refuse to accept it can only bring a lawsuit to the people's court within the statutory time limit. Labor arbitration is a pre-procedure; However, labor contract disputes can be resolved through litigation or negotiation between the two parties. 20. Casualty accidents in contract performance are handled in different ways. The principle of no-fault applies to labor relations. In other words, even if the employer is not at fault, it should still be liable for compensation to employees who are injured at work. The relevant provisions on handling industrial accidents are not applicable to labor relations. If a labor provider suffers personal injury in the process of providing labor services, he can only be liable for compensation according to the provisions of the Civil Code, that is, the principle of fault. If you have other legal questions, you can consult a lawyer online.

Legal objectivity:

Labor Contract Law Article 2 This law is applicable to people, enterprises, individual economic organizations, private non-enterprise units and other organizations (hereinafter referred to as employing units) in China to establish labor relations with laborers and conclude, perform, modify, dissolve or terminate labor contracts. State organs, institutions, social organizations and laborers who have established labor relations with them shall conclude, perform, modify, dissolve or terminate labor contracts in accordance with this Law.