Study Of The Definition Between The Labor Relation And The Service Relation

Labor relation and service relation between the employer and the employeedetermine different laws and regulations for the adjustment of rights and obligationsbetween both parties. Labor relation is adjusted by labor laws and regulations, butservice relation is only adjusted by traditional civil laws and regulations. There is nodefinition of service relation in Chinese laws all the time. The main reasons include:firstly, theoretical study on labor laws in theoretical circles is not deep and transparentyet. Secondly, in Chinese juridical practices, due to practical problems including casehearing, application of laws, and matching of corresponding labor guarantee systemand social guarantee system, some existing classification standards about thedefinition of service relation are established based on the lack of laws, includingsubject, age, and work content of the party. As a result, the laws become more chaotic.Labor relation in labor laws and regulations is evolved from employment relation intraditional civil laws. The process is developing with the industrial revolution.Industrial revolution results in stronger subordination of laborers to the employer’sperson and economy, so the laborers are in a weak position. In order to guarantee thelegally equal status of both parties, public power has to intervene with and adjust thelabor relation. Thus, laborers have unique legal status. Through the introduction andanalysis on above historical evolution process, the main features and factors defininglabor relation and service relation are summarized and analyzed. In addition, theemployment relation of staffs employed after retirement and employment relation ofstudents studying under a work-study program in current China are analyzed andreviewed.