At present, the main forms of employment relations in China are: domestic helpers, peasant helpers, contract workers who are limited to completing specific labor matters, cooperative employees, human resources agents, etc. In addition, there are employment relationships in a large number of temporary employment such as construction sites and home decoration, loading and unloading porters, and enterprise helpers.
Characteristics of employment relationship
(1) The subjects of the employment relationship are equal, not subordinate, with a wide range of subjects. Both sides can be natural persons, or one side can be natural persons. It is normal for both sides to be natural persons. The subjects of employment relationship are generally equal. The emergence, alteration and dissolution of the employment relationship and the performance of the employment contract can be determined by both parties through free consultation on the basis of equality and voluntariness, and there is no subordinate relationship between management and being managed. For example, in order to clean up the grass in the factory area, an iron and steel enterprise temporarily hired several five migrant workers on the condition that the daily salary was 100 yuan and they worked eight hours a day. A farmer was accidentally injured and disabled by a bulldozer while working on the construction site. In this case, although the workers must obey the command and supervision of the employer in the construction, they have not become members of the unit and do not have to abide by the rules and regulations of the unit. Therefore, there is no administrative affiliation between the two.
(2) The employment relationship has dual attributes of property relationship and personal relationship. In the employment relationship, the employee sells the labor force and the employer pays the salary, which has the property attribute. The property relationship in the employment relationship should be different from the property relationship in the delivery of labor results in the contract relationship. The employment relationship also has the nature of personal relationship, which shows that in the employment relationship, the employer may not assign its labor creditor's rights to others without the employee's consent; Similarly, without the consent of the employer, employees may not let others provide labor services on their behalf, which is determined by the inseparable nature of the labor force directly attached to the workers.
(3) The employment relationship is less interfered by the state and pays more attention to the autonomy of the will, which embodies the principle of freedom of contract. China's labor contract law mainly regulates labor relations, but the norms on employment relations are limited. The employment relationship is mainly regulated by civil law, and its norms are more general.