Labor relations can be identified from the following aspects: (1) Employers and workers meet the subject qualifications stipulated by laws and regulations; (2) Laborers accept the labor management of the employing unit and engage in paid labor arranged by the employing unit, and the labor rules and regulations formulated by the employing unit according to law shall apply; (3) The labor provided by laborers is an integral part of the employer's business.
Legal basis: Article 16 of People's Republic of China (PRC) Labor Law is an agreement between laborers and employers to establish labor relations and clarify the rights and obligations of both parties.
To establish labor relations, a labor contract shall be concluded.
Article 17 of the Labor Law of People's Republic of China (PRC) shall follow the principles of equality, voluntariness and consensus through consultation, and shall not violate the provisions of laws and administrative regulations.
After a labor contract is concluded in accordance with the law, it is legally binding, and the parties must fulfill their obligations under the labor contract.
Article 7 of the Labor Contract Law: The employer shall establish labor relations with the laborer from the date of employment. The employing unit shall establish a roster of employees for future reference.
Article 10 of the Labor Contract Law establishes labor relations and shall conclude a written labor contract.
If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.
If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.