What are the employment relationships?

What are the employment relationships?

What are the employment relationships? In the workplace, we also need to know some questions about the workplace. For example, we all know that the company employs us to work for the company, so what are the employment relationships? Let's take a look together.

What are the employment relationships? 1 1. What does the employment relationship include?

Employment relationship is a kind of social relationship between employees and employers. Employees provide services for employers, and employers pay remuneration.

According to the general theory of academic circles, the employment relationship in a broad sense includes labor relationship and employment relationship in a narrow sense, which is the most direct and biggest connection between them. In China's legal and labor security administrative practice, the employment relationship is actually narrow, which is the employment relationship after the termination of labor relations.

Both employment relations and labor relations are standardized for the payment and acceptance of labor services, and their characteristics also overlap. For example, both emphasize the dominance of employers over employees, and employees work for employers or their interests.

Second, how to distinguish between employment relations and labor relations

1, the degree of intervention is different.

As a civil contract, the employment contract takes autonomy of will as the basic principle, and the parties to the contract have greater freedom in the terms of the contract. The state often stipulates the rights and obligations of the parties to a labor contract in the form of mandatory laws and interferes with the determination of the contents of the labor contract. The agreement of the parties cannot go beyond the provisions of the law. Of course, the provisions of the labor law are mainly semi-mandatory. The so-called semi-mandatory provisions refer to the minimum standards stipulated by the state for employers to provide working conditions. The working conditions agreed between the employer and the employee can be higher than those stipulated by the state, but not lower than those stipulated by the state, such as the minimum wage and the maximum working hours, that is, some agreements that are more favorable to the employee can be concluded.

2. Different welfare benefits.

The labor law specifically stipulates the treatment of workers and employers. Laborers become a member of the employing unit and enjoy various welfare benefits of the employing unit according to regulations. In the employment relationship, employees do not enjoy all kinds of benefits provided by employers, including pension and medical insurance.

3. Different forms of employment.

Labor relations are formal forms of employment, and employment relations are informal forms of employment. The state has special legislation on labor relations, but there is no special legislation on employment relations. The form of employment contract is not required by law. According to the contract law, it can be a written contract, an oral contract or an unnecessary contract. According to Article 19 of the Labor Law, China's labor contract should be in written form, which is a mandatory contract.

4. Different themes.

The main body of labor relations can only be employers and workers, and employers are limited to enterprises, individual economic organizations, state organs, institutions and social organizations in China; There is no such restriction on the employment relationship, and the employer can be a unit or an individual.

5. The exclusivity of contracts is different.

Workers cannot have labor relations with more than two (including two) employers at the same time, that is, they cannot have labor relations with more than two employers at the same time; However, there is generally no such restriction on employment relations. In many cases, the labor provider can have employment relations with multiple labor demanders at the same time, and the employer can also be a laborer who has labor relations with other units.

6. There are different ways to settle disputes.

As a civil contract, if there is any dispute, the parties may bring a lawsuit directly to the people's court. If there is an arbitration clause in the labor contract, it shall apply to the arbitration committee selected by both parties for arbitration. In case of a dispute arising from a labor contract, if the parties want to bring a lawsuit to the people's court, they must first apply to the competent labor dispute arbitration committee for arbitration. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court, and the parties cannot choose whether to arbitrate or not.

What are the employment relationships? 2. Helper relationship.

Helper refers to the act of helping workers to provide services voluntarily or at the invitation of the helper, and completing a certain job within a certain period of time according to the meaning of the helper. Helpers can be divided into voluntary helpers and paid helpers. The difference between helper relationship and employment relationship;

(1) The helper relationship can be paid or unpaid, while the employment is paid.

(2) The helper relationship is characterized by mutual assistance, temporality and one-time consumption, while the employment relationship generally lasts for a long time. Employees provide services to meet the needs of survival, while employers seek benefits.

(3) The helper relationship can be dissolved at any time without any responsibility; Although the employment relationship can be dissolved at any time, under certain circumstances, employees have to bear some responsibilities. If the laborer fails to provide labor services as agreed, he shall be responsible for returning the training fee and have the obligation to keep some business secrets and technical secrets for the employer. In the helper relationship, the helper generally has no right to access these secrets.

(4) In the helper relationship, there is no personal attachment between the helper and the helper; But there is a certain personal dependence in the employment relationship.

(2) Hire a nanny, tutor and other service relationships.

The most typical domestic service relationship is the problem of hiring a nanny. The relationship between the employer and the nanny is a service contract. Domestic workers belong to the domestic service industry, as well as nannies and tutors. Provide services to employers. The difference between them and the employment relationship lies in:

(1) In the employment relationship, the employee provides labor, and the employer only pays the price of the employee's labor. Employers can get a certain income from the goods or behaviors produced by employees, which is generally higher than the price of labor. However, in domestic service, the service behavior of nannies, tutors, etc. The employer who receives the service cannot get other benefits from the service.

2. After the employment relationship is established, there is a personal attachment relationship between the employer and the employee; Nannies and tutors have equal status with employers. After the nanny or tutor completes certain services according to the contract, it is not subject to other management by the employer, and the employer cannot punish the nanny and tutor. If the working environment and conditions provided by the client are not improper, the service personnel shall not be responsible for the damage suffered in the course of work.

(3) Labor relations

Labor relations are very similar to employment relations. Labor relations are social labor relations formed between workers and their units in the process of realizing social labor. The difference with the employment relationship lies in:

(1) In labor relations, one party is a laborer and the other is an employer, and one party must become a member of the other party and abide by its internal rules and regulations; The employment relationship can be that one party is a citizen, the other party is a unit, or both parties are citizens, and the employee does not become a member of the employer.

(2) The dissolution of labor relations should follow certain procedures; However, there is no procedure for terminating the employment relationship, and both parties can terminate the employment relationship at any time.

(3) When labor relations disputes occur, judicial organs can only intervene after pre-arbitration procedures, and disputes should be handled in accordance with the provisions of the labor law; When there is an employment dispute, the court can directly accept it and apply the provisions of the civil law.

(4) The arbitration institution or the court may order the employer to continue to perform the labor contract; When the employment relationship is dissolved, the court has no right to order both parties to maintain the employment relationship.

(4) Labor relations

Labor service refers to an activity that meets the needs of others in the form of providing activities, not in the form of physical objects. Labor relations are similar to employment relations, and the main differences between them are as follows:

(1) The services provided by the service provider are manual labor; The services provided by employees in the employment relationship are not limited to pure labor;

(2) Equal status of labor relations; However, the employment relationship has personal dependence. Before the establishment of the employment relationship, the status of employers and employees was equal, but after the establishment of the employment relationship, it was unequal.

(3) In practice, labor relations only need to meet the labor requirements of the demander, and there is generally no special technical requirement.

What kinds of employment relationships are there? 1. Is the employment relationship the same as the labor relationship?

The two are different, and the employment relationship is extensive. For example, in the personnel relationship, the employer and the employee are an employment relationship, and the labor relationship between individuals is also an employment relationship, neither of which is a labor relationship.

Labor relations belong to the legal relationship between unequal subjects, which is the scope of compulsory law under the national economic law, but the employment relationship is not necessarily.

Second, under what circumstances does it not belong to labor relations?

There are two special types of people. Although it is legally employed, it has not established labor relations with the employer. Here mainly refers to these two kinds of people: students at school and retired workers.

1, full-time student at school.

Article 12 of the Opinions of the former Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law of People's Republic of China (PRC): "Students who work and study in their spare time are not regarded as employment. If they have not established labor relations, they may not sign labor contracts."

Although this provision is still controversial, it is still considered in general judicial practice that students do not have the subject qualification of labor relations and cannot form labor relations with employers, and their work behavior can only be treated as general civil relations. Based on the principle of freedom of contract, labor remuneration is not bound by the minimum wage in the labor law, and there is no need to buy social security for it. From the perspective of enterprises, it is understandable that hiring students can legally reduce the cost of employing people.

In real life, using students' internship has become an employment mode in a certain procedure. Labor costs such as social insurance, minimum wage and overtime are rising, which makes labor-intensive enterprises overwhelmed. Using more students to practice has become one of the solutions to reduce costs. On the other hand, there are also some intermediaries who specialize in this matter as a link between schools and enterprises.

2. retirees.

Retirees should be divided into two categories, one is those who have gone through retirement procedures and enjoy retirement benefits; The other category is people who have reached retirement age (generally 60 years old for men, 50 years old for women and 55 years old for female cadres), but have not enjoyed retirement benefits.

It is generally believed that people who have enjoyed retirement benefits do not belong to the workers stipulated in the labor law, and the relationship formed with the employer after retirement is not a labor relationship, but only a labor relationship, which is not subject to the adjustment of labor laws and regulations. Article 21 of the Regulations on the Implementation of the Labor Contract Law clearly stipulates that the labor contract shall be terminated when the laborer reaches the statutory retirement age.

This regulation has revised the Labor Contract Law, changing the latter provision that "workers begin to enjoy basic old-age insurance benefits according to law" to terminate when they reach retirement age, that is, regardless of whether workers enjoy old-age insurance benefits or not, the labor relationship between workers and employers ends when they reach retirement age. After the termination, if the laborer continues to work in the unit, then the relationship formed is naturally not a labor relationship.

When hiring the above two kinds of people, no matter the employment agreement or labor contract is signed, it can only be handled according to the civil employment relationship, not the labor relationship.