What is an employment relationship? How does the court judge the existence of employment relationship?

Employment relationship is the abbreviation of employment legal relationship, and it is a kind of labor relationship based on the means of production and private ownership of labor. It refers to the legal relationship in which workers use the conditions provided by the employer to provide labor for the employer with their own skills under the guidance and supervision of the employer, and the employer pays the labor remuneration. Employers are called employers and employees are called employees.

To judge whether the employment relationship exists, we should consider the formal elements and substantive elements: from the formal elements, we can see whether the two sides have concluded an employment contract or an oral employment agreement; In terms of substantive requirements, first of all, it depends on whether the rights and obligations of both parties provide labor services for one party and the other party pays remuneration. Secondly, it depends on whether employees are controlled, directed and supervised by employers, that is, whether there is a subordinate relationship. The employer's control over employees is the basis of the existence of employment relationship. In the employment legal relationship, the employee is only the person employed by the employer to complete a certain job, and the employee should obey the supervision and guidance of the employer when working.

The third is to see whether the employee is selected by the employer or the person entrusted by it. As long as you have the above formal requirements and substantive requirements, you can identify it as an employment relationship.

The difference between employment relationship and helper

Helper refers to the act of helping workers to provide services to the helped workers voluntarily or at the invitation of the helped workers, and to complete a certain job within a certain period of time according to the meaning of the helped workers. There are the following differences between the employment relationship and the helper relationship: (1) In the employment relationship, the employer and the employee

There is a certain personal attachment between them, but there is no personal attachment between the helper and the helped. (2) The employment relationship is generally long, and employees

It is to pay labor remuneration and get labor remuneration. The helper relationship has the characteristics of mutual assistance, temporary and one-off, and the helper provides services free of charge.