The distinguishing method between labor relations and labor relations: from the perspective of both subjects, the two subjects of labor relations are specific, that is, one party is an employer and the other party must be a laborer, and labor relations can be the relationship between legal persons or natural persons; In labor relations, the relationship between the leader and the led is administrative subordination. In labor relations, workers provide labor services and employers pay labor remuneration, which only reflects the property relationship between them.
Legal objectivity:
Labor relationship is a traditional economic and social relationship, which refers to the relationship of rights and obligations between two or more equal subjects. According to the civil legal norms, one party provides labor services for the other party, and the other party pays labor remuneration according to the contract. Broadly speaking, it includes contracting, contracting, transportation, technical services, entrustment, trust and intermediation. Labor relations have the following characteristics: first, in the main body, both parties can be legal persons or citizens, or one party can be legal persons and the other is citizens. The content of the labor service contract is mainly agreed by both parties through consultation, which can be agreed orally or signed in writing; Second, labor relations are contractual relations between equal subjects. Workers provide labor services, and employers pay labor remuneration, without providing insurance, welfare and other benefits, and there is no personal affiliation; Third, labor relations are based on and regulated and protected by civil legal norms. The possible liabilities of labor relations are generally civil liabilities such as breach of contract and infringement. Labor relations are the object of adjustment in China's labor law. Workers are not only protected by the general civil law, but also by the labor law. According to Article 1 of the Notice of the Ministry of Labor and Social Security on Establishing Labor Relations (No.KLOC-0/2 issued by the Ministry of Labor and Social Security [2005]), an employer shall establish a labor relationship if it has not concluded a written labor contract but meets the following conditions at the same time: (1) The employer and the employee 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. This clause clearly defines labor relations. From the above provisions, the constitutive requirements of labor relations include three elements: subject qualification, subordinate relationship and labor nature. What is the specific difference between labor relations and labor relations? (I) Different subject qualifications According to Article 2 of the Labor Contract Law, the two subjects of labor relations are specific, that is, one party is the employer and the other party must be the laborer. Laborers refer to natural persons who meet the conditions of working age and have the right to work and the ability to act. The employing unit refers to the state organs, institutions, social organizations, enterprises, individual economic organizations or private non-enterprise units that have established labor relations with laborers. However, there are many kinds of subjects in labor relations, and their subjects are not specific. They may be two or more equal subjects. It may be the relationship between legal person, natural person, legal person and natural person. In addition, the requirements of laws and regulations on the qualifications of labor service providers are not as strict as those on the subjects of labor relations. (2) After the establishment of labor relations with different subject status, the status of workers and employers is unequal, and there is not only a property relationship between leaders and leaders, but also an administrative subordination relationship. As a member of the employer, the laborer should not only provide labor, but also accept the management of the employer, abide by the rules and regulations of the employer, engage in the work assigned by the employer, and obey the personnel arrangement of the employer. It reflects a stable and continuous relationship among means of production, workers and labor objects; However, in labor relations, both parties enjoy equal civil rights and obligations. Workers provide labor services and employers pay labor remuneration, which only reflects the property relationship between them, and there is no administrative subordination relationship. The relationship between the two is often expressed as "temporary, short-term and one-off". (3) The rights and obligations of the parties are different. In labor relations, there are not only general obligations but also incidental obligations between employees and employers. For example, the employer should handle social insurance for the workers, and the labor risks should be borne by the employer. Employees should abide by the internal rules and regulations of the employer. These incidental obligations do not exist in labor relations. The difference between them is reflected in the following aspects: 1), salary and social security benefits. In addition to wages, workers in labor relations also receive insurance, welfare and other benefits, which is a certain norm for the law to assume obligations to employers. Therefore, workers who suffer accidental injuries or occupational diseases in the process of labor are industrial accidents, and the labor risks are entirely borne by the employer; However, natural persons in labor relations generally only get paid for their work, and the work risks are generally borne by the service providers themselves, unless the working environment and working conditions are provided by employees, as otherwise provided by law. 2) In principle, due to state intervention, labor relations are in an unequal position. The wages paid by the employer to the workers shall follow the principle of distribution according to work and equal pay for equal work, and must abide by the local regulations on the minimum wage; However, in labor relations, both parties have equal status, and the remuneration paid by one party to the other party is completely determined by both parties through consultation, but it shall not violate the principles of equality, fairness, equal compensation and good faith in civil law. 3) With regard to the payment form of labor remuneration, Article 30 of the Labor Contract Law stipulates that the employer shall pay the laborers' labor remuneration in full and on time in accordance with the stipulations of the labor contract and the provisions of the state. Generally speaking, the labor remuneration paid by the employer is paid to the workers regularly in the form of wages, which has certain regularity; The remuneration of labor relations is agreed by both parties, and it is often settled in one lump sum or paid in installments. 4) With regard to the employer's right to deal with the illegal behaviors of workers, in labor relations, if the workers seriously violate labor discipline and the rules and regulations of the employer, or commit serious dereliction of duty, engage in graft and other acts, the employer has the right to terminate the labor contract according to the rules and regulations formulated according to law, or give the parties a warning, demerit, demotion and other sanctions; In labor relations, the unit also has the right to stop using workers, or ask the parties to bear certain economic responsibilities, excluding other forms of disciplinary action. (4) The legal responsibilities assumed are different in the following aspects: First, the external responsibilities are different. In labor relations, the laborer, as a member of the employer, works in the name of the employer, and the legal liability caused by the fault of the laborer is borne by the employer. However, in labor relations, generally speaking, the party providing labor services independently bears legal responsibility. Second, the difference between mutual responsibilities. In labor relations, if a party fails to perform or illegally performs a labor contract, he/she shall not only bear civil liabilities, but also bear administrative liabilities, such as economic compensation, compensation, fines imposed by the labor administrative department and other administrative penalties. In labor relations disputes, if the parties violate the labor contract, they may bear civil liabilities such as breach of contract and infringement, and there is no administrative liability. (5) In the labor relations with different degrees of state intervention, the unequal status between employers and workers leads to the phenomenon that employers bully workers from time to time. In order to better protect the legitimate rights and interests of workers, the Labor Contract Law stipulates the obligations of employers with mandatory legal norms, such as paying various insurance benefits, minimum wages, longest working hours, and protecting workers' labor safety and health. As a civil relationship, labor relations are based on the principle of autonomy in private law, respecting the true meaning of the parties, and the degree of state intervention is low. Therefore, except for violating the mandatory provisions of national laws and regulations, the parties can fully negotiate the terms of the contract based on the principle of freedom of contract, and the law will not interfere. (VI) Labor relations with different applicable laws are the adjustment objects of China's labor law, and their disputes are disputes between employers and workers in the course of labor. The emergence, alteration, termination and dispute settlement of this contract shall be governed by the relevant provisions of the Labor Contract Law. Where there are no provisions in the labor law, the civil law can be applied. In addition, according to the provisions of the Labor Contract Law, a written labor contract must be signed to establish labor relations; Labor relations are property relations between equal subjects, and their disputes are disputes arising from the performance of contracts between equal subjects, which should be adjusted by applying General Principles of Civil Law of People's Republic of China (PRC) and Contract Law of People's Republic of China (PRC). After the establishment of labor relations, the parties may decide whether to sign a written labor contract through consultation. The law does not interfere with this. (VII) Different ways to resolve disputes Disputes arising from labor relations must first be arbitrated by the Labor Dispute Arbitration Committee, which is the pre-procedure of civil litigation. Without arbitration, no litigation can be conducted. The limitation period for applying for labor dispute arbitration is one year. The limitation period of arbitration shall be counted from the date when the parties know or should know that their rights have been infringed, and suspension and interruption shall apply; After a dispute over labor relations occurs, the parties concerned may settle it through consultation, or bring a lawsuit directly to the court without going through the labor arbitration procedure.