It is related to the management mode of the enterprise, and the employment relationship can only be clarified after the calculation of labor remuneration and payment methods are clearly distinguished. Then we can confirm the corresponding rights and obligations. The characteristics of actors and associations are different. In labor relations, there are not only property relations, that is, economic relations, but also personal relations, that is, administrative departments and units are subordinate relations. In addition to work, employees also need to accept the management mode of the employer, obey its distribution and follow its management system (such as attendance management and assessment). ) and become employees of the internal structure of the employer. However, there is only property relationship, that is, economic relationship, between the mutual actors of employment relationship, which is difficult to define each other.
There will be no subordinate administrative departments and units, and there will be no management methods, rights and obligations that are managed, manipulated and dominated. Employees provide labor services and employers pay labor remuneration, which will be independent and fair. This is also the most basic and important difference between labor relations and employment relations. In whose name and who is responsible, it is different. In fact, labor relations refer to employees who belong to the employer at work because of the employer, and the way they give work belongs to their job behavior, which constitutes a part of the employer's overall personal behavior, and the employer bears the legal basis and has nothing to do with the employee himself; The employment relationship means that the party providing labor services engages in the theme activities of the labor service company in its own name and is fully responsible for the legal basis. If the personal or property damage of a third party is caused only by one's own fault in the process of providing labor services, the damage has nothing to do with the employer. Disputes are handled in different ways.
However, after the contract dispute case of the labor service company occurs, it can be prosecuted or handled by both parties through consultation. There are different ways to solve production safety accidents in contract performance. According to the requirements of "Trial Measures for Industrial Injury Insurance for Enterprise Employees", if an employee has a production safety accident while working for an employer, as long as it is not the damage caused by the employee's intentional behavior, even the damage caused by the employee's fault and illegal behavior, it should be recognized as an industrial accident. No-fault standard is applicable to compensation for losses caused by liability accidents. In other words, even if the employer is not at fault, it should still be responsible for the employees who have suffered industrial accidents. The employment relationship is not suitable for the relevant requirements of liability accident handling.