What are the conditions for determining labor relations?

Legal analysis: The labor contract relationship is a legal relationship between laborers and laborers on the basis of equal consultation, and according to oral or written agreements, an agreement is reached on providing laborers with one-time or specific labor services or certain labor results, and laborers pay labor remuneration to laborers according to the agreement, which is usually called employment relationship. Labor relations are a kind of civil rights and obligations established by two or more equal subjects through labor contracts, which can be written, oral and other forms. The labor contract relationship is regulated by the Civil Code of People's Republic of China (PRC).

In practice, some courts hold that the employment relationship is generally manifested in that legal persons and unincorporated organizations act as employers, hire natural persons to engage in certain services, employees accept the arrangement and management of employers, and employers pay labor remuneration regularly according to the agreement, while the labor relationship between individuals is usually manifested in the rights and obligations formed in the process of equivalent exchange between natural persons to complete a certain service project. Therefore, the agreement or factual behavior of labor relations between natural persons should be regarded as labor relations between individuals, and the relevant provisions of Tort Liability Law should be applied. If a non-natural person hires a natural person to engage in labor activities and does not have the conditions for the occurrence of labor relations, it shall be recognized as an employment relationship and the provisions of the Interpretation of Personal Injury Compensation shall apply.

The Supreme Court held that in the labor relations formed between individuals, if the following situations exist, they should be regarded as contractual relations, not employment relations:

(1) The party providing labor services works independently, provides tools and equipment by itself during the completion of the work, has professional skills, and does not depend on the equipment and technology of the party receiving labor services;

(2) The party providing labor services is not subject to the command and management of the party receiving labor services, and there is no domination or subordination in identity;

(3) The party providing labor services does not simply provide labor services in the process of completing the work, but takes the completion of certain work results as the ultimate goal.

Legal basis: Article 467 of the Civil Code of People's Republic of China (PRC): The provisions of this part of the General Provisions shall apply to contracts that are not explicitly stipulated in this law or other laws, and the provisions of the most similar contracts in this part or other laws may be referred to.

Chinese-foreign joint venture contracts, Chinese-foreign cooperative operation contracts and Chinese-foreign cooperative exploration and development contracts in People's Republic of China (PRC) shall be governed by the laws of People's Republic of China (PRC).