Legal analysis: 1, subject qualification is different. Only one subject of a labor contract can be a legal person or an organization, that is, an employer, and the service agreement must be an individual worker, and the subjects of a labor contract cannot all be natural persons; Both parties to a labor contract may be legal persons, organizations and citizens at the same time, or citizens and legal persons and organizations. 2. The nature of the subject and its relationship are different. There are not only property relations, that is, economic relations, but also personal relations, that is, administrative affiliation. However, there is only a property relationship between the two parties to the service agreement, that is, an economic relationship. There is no attribute between the two, and there is no administrative affiliation. Workers provide labor services and employers pay labor remuneration, which are independent and equal. 3. The treatment of the theme is different. Workers in labor relations not only receive wages, but also receive insurance and welfare benefits. Natural persons in service agreements generally only receive labor remuneration. 4. The nature of remuneration is different. The labor remuneration arising from the performance of the labor contract has the nature of distribution, which embodies the principle of distribution according to work and does not change completely and directly with the market supply and demand. Its payment form is often stipulated as continuous and regular wage payment;
Legal basis: Article 1 192 of the Civil Code of People's Republic of China (PRC), where labor relations are formed between individuals and the party providing labor services causes damage to others, the party receiving labor services shall bear tort liability. After assuming the tort liability, the party receiving the labor service may claim compensation from the party providing the labor service with intentional or gross negligence. If the party providing labor services suffers damage due to labor services, it shall bear corresponding responsibilities according to the respective faults of both parties. During the period of providing labor services, if the behavior of a third party causes damage to the party providing labor services, the party providing labor services has the right to request the third party to bear tort liability and the party receiving labor services to compensate. After receiving compensation, the laborer may claim compensation from a third party.