论劳动关系与劳务关系

随着市场经济的快速发展和劳动法制的不断完善,劳动力市场更加活跃,用人形式也更为灵活,劳动者与用人单位既可以建立劳动关系,也可以建立劳务关系。劳动关系与劳务关系都表现为一方提供劳动力,另一方支付劳动报酬,并经常交织在一起,实践中两者容易混淆,很难正确区分。但二者有着本质的不同,劳动关系是劳动者在用人单位从事劳动过程中发生的社会关系。劳务关系是指两个或两个以上的平等主体之间就劳务事项进行等价交换过程中形成的一种经济关系。二者在主体地位、表现形式、受国家干预程度、享受待遇等方面都具有本质的区别,只有认清二者的本质特征,才能正确适用法律,切实保障劳动者的合法权益。

On the Labor Relation and the Service Relation

With the rapid development of the market economy and the continuous perfection of the labor legality,the labor force market becomes more active and the employment style becomes more flexible,the employee can establish a labor relation with the workplace,also can establish a service relation.Both of the two relations show that one party provides the labor force and the other party pays for the labor.These two relations often mix together.In practice, it's easy to confuse them and it's difficult to distinguish them.But they have some essential differences.The labor relation refers to the social relationship which is established in the process of working,while the service relation refers to the economic relationship which is established in the process of exchange of equal values on service issues between two or more equal bodies.The two relations have many essential differences.Only when recognizing their essential characteristics can we apply to the law correctly and guarantee the laborer's legal rights effectively.