2, the applicable law is different. Labor relations are mainly adjusted by the civil law, contract law, economic law, while labor relations are regulated by the labor law and labor contract law.
3, the subject qualification is different. The subject of labor relations can only one party is a legal person or organization, that is, the employer, the other party must be individual workers, the subject of labor relations can not at the same time are natural persons, can not at the same time are legal persons or organizations; the subject of labor relations between the two parties can at the same time are legal persons, organizations, citizens, or citizens and legal persons, organizations.
4, the nature of the subject and its relationship is different. Labor relations between the two subjects not only the existence of property relations that is economic relations, there is also a personal relationship, that is, administrative affiliation. In addition to providing labor, but also to accept the management of the employer, to obey its arrangements, to comply with its rules and regulations (such as attendance, assessment, etc.), to become the employer's internal staff. But labor relations between the two subjects only exist between the property relationship, that is, economic relations, no subordinate attributes, there is no administrative affiliation, there is no management and management, domination and domination of the rights and obligations of the laborer to provide services, the employer to pay the labor remuneration, each independent, equal status. This is the most basic and obvious difference between labor relations and labor relations.
5, in whose name the work is carried out and who is responsible for different. Factual labor relations is the name of the employer to carry out the work, the worker belongs to the employer's staff, the act of providing labor belongs to the duties, constitute part of the employer's overall behavior, the employer to bear legal responsibility, and the workers have no relationship; labor relations is to provide labor services in their own name to engage in the labor activities, independently bear legal responsibility. If in the process of providing labor services purely due to their own fault to a third person's person or property damage, the damage has nothing to do with the employer.
6, the content of the contract by the state intervention degree is different. Terms and content of labor contracts, the state often mandatory legal norms to provide. Such as the termination of the labor contract, in addition to the consensus of the parties, the employer must comply with the conditions stipulated in the labor law to terminate the labor contract. Labor contract by the state intervention degree is low, in the contract content mainly depends on the autonomy of the parties, in addition to the violation of national laws and regulations of the mandatory provisions of the two parties to determine the free negotiation.
7, the binding force of internal regulations. Labor contract is a special employment contract or subordinate employment contract. Enterprises have the unilateral power to reward and punish employees for their compliance with internal rules and regulations. And labor contract dispute between the two sides, only the labor contract itself can be the basis for dispute resolution, the internal rules and regulations of any party can not be the basis of the rights and obligations of the two sides.
8, the domination of labor is different. In labor relations, the labor force, the right to control the means of production of the employer, the two sides to form a manager and the subordinate relationship of the manager; in labor relations by the labor provider to organize and direct the labor process.
9, the right to participate in business management is different. As a labor relationship, the workers have the right to participate in the democratic management of the enterprise through trade unions, staff meetings, staff congresses, supervisory boards, etc., on the appointment and dismissal of senior management personnel, business decisions, employee rewards and punishments, wage system, living welfare, labor protection and insurance and other matters to exercise the power to approve, propose or express their views. However, as a labor service provider in the labor contract relationship, it is not an internal employee of the enterprise, does not enjoy the above powers, and does not have the right to interfere with or ask questions about the production and management of the enterprise.
10, the provisions of the rest time is different. In the labor contract, the employer must strictly in accordance with the labor law and the relevant provisions of the state reasonable arrangements for workers' working hours and rest and vacation, if the employer requires workers to work in the legal rest and vacation time, must pay additional overtime wages in accordance with the law, etc.. For labor contracts, unless otherwise agreed by both parties, the labor provider can arrange the time for providing labor on its own. As to whether or not to provide labor services on legal holidays, how much time to provide labor services per day, etc., both parties can agree on their own; if both parties do not agree, it can be dealt with according to the provisions of Article 62 of the Contract Law. The amount of remuneration for labor is agreed upon by both parties directly in the labor contract, and does not change depending on the specific time the labor is provided. Even if the labor is provided for more than eight hours per day, or more than forty hours per week, or during legal holidays, the labor provider may not claim additional remuneration on that basis.
11. The provision of tools, equipment and other materials is different. In labor relations, the employer must have a certain amount of plant and office space, instruments, equipment and other material conditions for the labor of workers to provide the necessary safety and health protection and protective equipment. In labor relations, the provision of tools, equipment and other material conditions, if not agreed upon in the contract, should generally be provided by the labor provider. This is because the obligation of the labor provider in a labor relationship is mainly to provide the results of the labor in conformity with the agreement, and as to the manner of providing the labor, it is up to the labor provider to decide.
12, the obligation of vocational skills training is different. In labor relations, according to the provisions of article 68 of the labor law, the employer has the obligation of vocational training of workers to enhance the skills of workers; in labor relations, the skills of the labor provider, when its own obligations, the other party only to accept the labor provided by the other party does not interfere with its vocational training.
13, the subject of different treatment. Labor relations, in addition to obtaining wages and remuneration, and insurance, welfare benefits, etc.; and labor relations in the natural person, generally only get paid for their labor.
14, the employer's obligations are different. The fulfillment of labor contracts throughout the state intervention, in order to protect the workers, the Labor Law to the employer mandatory provisions of many obligations, such as must pay social insurance for the workers, the employer to pay the workers shall not be less than the local minimum wage standard set by the government, and so on, these must be fulfilled by the legal obligations, shall not be negotiated change. Employers of labor contracts generally do not have the above obligations, of course, the two sides can agree on the above, or none of the above.
15, the nature of remuneration and payment methods are different. Due to the performance of labor contracts and labor remuneration, with the nature of distribution, reflecting the principle of distribution according to work, not completely and not directly with the changes in market supply and demand, the form of payment is often specified as a continuous, regular wage payment (generally paid monthly, regularity); for labor contracts and labor remuneration, according to the market principle of equal pay for equal pay for payment, completely by the negotiation of the two parties to determine. It is a one-time payment of commodity prices (mostly one-time immediate settlement or payment by stage and batch, without certain regularity), and commodity prices are directly linked to changes in the market.
Labor contract relationship, wages should be paid in legal tender, shall not be paid in kind and securities instead of money, the payment of remuneration in the form of money and monthly payment as a distinctive feature. In the labor contract relationship, remuneration can be paid in money, in kind or securities, and can be paid in installments or at once.
16, the priority of obtaining remuneration is different. In labor relations, the workers get the remuneration for wages; in labor relations, the labor service provider to get the remuneration for labor fees, belong to the general claims
17, the violation of the legal responsibility arising from the contract is different. Labor contract is not fulfilled, illegal to fulfill the responsibility arising from not only civil liability, but also administrative liability, such as the employer to pay the wages of workers below the local minimum wage standard, the labor administration ordered the employer to make up for less than the standard part of the wage, refused to pay the labor administration at the same time can give the employer a warning and other administrative sanctions. The liability arising from the labor contract is only civil liability - breach of contract and tort liability, there is no administrative liability.
18, the protection of the statute of limitations is different. As a general civil case, the parties to the labor dispute request the people's court for protection of the statute of limitations applies to the general principles of civil law, article 135 of the provisions of two years. The current labor arbitration complaint statute of limitations for sixty days.
19, disputes are handled differently. After the occurrence of labor contract disputes, should first go to the labor arbitration committee of the labor authority arbitration, dissatisfied with the legal period before you can sue the people's court, labor arbitration is a pre-procedure; but labor contract disputes can be litigated after the emergence of disputes can be resolved through the negotiation of the two parties.
20, the fulfillment of the contract in the handling of casualties is different. According to the provisions of the trial measures for work-related injury insurance for enterprise employees, as a laborer in the course of work for the employer in the event of casualties, as long as the injuries are not caused by the intentional acts of the workers, even if it is due to negligent violation of rules and regulations by the workers, should be recognized as work-related injuries. The principle of no-fault applies to the compensation of damages for work-related accidents. That is to say, even if the employer is not at fault, should still be liable for compensation to the workers who suffered work-related injuries.
Labor relations do not apply to the relevant provisions of the work accident. The labor provider in the process of providing labor services suffered personal injury, only in accordance with the provisions of the General Principles of Civil Law by the party at fault to bear the responsibility for compensation, that is, the principle of fault.