Labor relations and employment relations

The difference between labor service and employment relationship is as follows:

1, different concepts.

(1) The employment relationship refers to the rights and obligations of the employee to accept the instructions and arrangements of the employer and provide him with specific or unspecified services within a certain or unspecified period, and the employer accepts the services provided by the employee and pays the remuneration according to the contract.

(2) Labor relations refer to the rights and obligations formed by two or more equal subjects in the process of equal exchange of labor matters.

2. The relationship between personal domination and obedience to management is different.

(1) In the employment relationship, the status between the employer and the employee is unequal, and the relationship between them is dominated and obeyed. The employer must provide reasonable working conditions and guarantees for the workers, and at the same time supervise and manage their work, and the workers must obey the arrangement of the employer and provide services according to their wishes;

(2) In labor relations, the two sides only form the relationship between domination and domination of the labor force, and there is no relationship between obedience to management and obedience to management.

3. The contents of providing labor and paying remuneration are different.

(1) In the employment relationship, employees pay mainly labor, including certain technical achievements, but usually their technical content is relatively low and the composition of remuneration is relatively simple, including only the value of labor. Employers enjoy all the fruits of employees' labor, not the direct object of employers' remuneration.

(2) Workers in labor relations only provide pure manual labor, with no technical content, and the remuneration is only the value of labor.

4. Different legal responsibilities.

(1) In the employment relationship, according to the principles of modern civil law, the employer is liable for the damage of employees without fault. As long as the workers are damaged by work-related accidents in the process of employment, the employer should compensate them without exemption.

(2) In labor relations, since neither party is at fault when the damage occurs, the principle of fairness applies, that is, the beneficiary should compensate the injured party for its economic losses within the scope of benefit.

Extended data

I. Characteristics of labor relations:

1 is a quasi-labor relationship.

2. The employer does not have the main qualification of the employer in the labor law, or has the main qualification but the work content is temporary.

3. The employer shall provide working environment and working conditions.

4. Engage in production and business activities according to the instructions of the employer.

5. The risk of personal injury during labor shall be borne by the employer.

Second, the characteristics of the employment relationship:

1, both sides of its subject are equal and there is no subordinate relationship. The subjects of employment legal relations are equal legal relations, no matter the emergence, change, elimination and performance of employment legal relations, they are equal, and there is no subordinate relationship between management and being managed.

2. It is characterized by the dominant will of the parties. As a kind of employment legal relationship, its emergence, change and elimination all have traces of the parties' expression of will. It embodies the autonomy of the parties, and the national will basically does not interfere.

3, it is mainly in the field of circulation, not in the process of social labor.

Baidu Encyclopedia-Labor Relations, Baidu Encyclopedia-Employment Relations