Labor relations refer to the economic relations formed by two or more equal subjects in the process of equal exchange of labor matters. Its subject is uncertain, which may be legal person, natural person and the relationship between legal person and natural person. Its contents and forms of expression are diversified.
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) 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.
Labor relations are very different from labor relations.
1) subjects are different. The subject of labor relations is certain, that is, one party is the employer and the other is the laborer. The subject of labor relations is uncertain, which can be two equal subjects or more. It may be the relationship between legal person, natural person, legal person and natural person.
(2) the relationship is different. There are not only property relations, that is, economic relations, but also personal relations, that is, administrative subordination relations between the two subjects of labor relations. In other words, in addition to providing labor, workers must also accept the management of the employer, obey its arrangements and abide by its rules and regulations. Although the legal status of both sides of labor relations is equal, their status in real life is unequal. This is what we often say: employers are strong and workers are weak. However, there is only property relationship or economic relationship between the two subjects in labor relations, which is similar to labor relations. That is, the laborer provides labor services and the employer pays labor remuneration. There is no relationship of administrative subordination between them, but a relationship of more equal subject status relative to the parties to labor relations.
(3) Workers are treated differently. 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.
(4) The applicable law is different. Labor relations are governed by the Labor Law, while labor relations are governed by the Contract Law.
(5) The legal forms of contracts are different. Labor relations are established through labor contracts, and their legal forms are written. Labor relations should be established through a labor contract, and its legal form can be oral or other than written form.
The situation you are talking about is labor relations, and it is not applicable to the adjustment of labor law, which belongs to the adjustment scope of contract law. Therefore, if there is a dispute between the two parties, they should directly sue to the court. Instead of going to the labor bureau for arbitration.