The ways to adjust labor relations include the adjustment of labor contract specifications, the adjustment of internal labor rules of the enterprise, the adjustment of collective contract specifications, the adjustment of labor dispute settlement system and the adjustment of democratic management system.
Labor relations refer to the legal relationship created between workers and employers when they sign a labor contract in accordance with the law. Workers accept the management of the employer, engage in work arranged by the employer, become members of the employer, receive labor remuneration and receive labor protection from the employer.
Employers refer to enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People's Republic of China and the People's Republic of China. At the same time, it also includes state agencies, institutions, social groups and workers who have established labor relations.
Labourers refer to those who have reached the legal age, have the ability to work, and earn income from engaging in certain social labor as their main source of living. According to the provisions of the law or contract, they engage in labor under the management of the employer and earn Natural persons (Chinese and foreign natural persons) receiving remuneration for labor.
How to distinguish between labor relations and labor relations? The labor relationship is an agreement between equal parties on the provision of labor services and the payment of remuneration. It follows the principles of autonomy of will, freedom of contract and payment of equal value. What is formed between the employer and the employee is a creditor-debt relationship, and the labor relationship is not Subject to labor law adjustments, the provisions of the "People's Republic of China and the Civil Code" should apply.
Distinguishing: The subjects are different. One party of the labor relationship is a natural person who meets the working age and has the ability to perform the obligations of the labor contract, and the other party is an employer that meets the conditions stipulated in the labor law; and the labor relationship is not limited to It can be between a natural person and an employer, or between an employer, or between a natural person, and it can be between two or more entities.
Relationships are different. What is formed in the labor relationship is the subordinate employment relationship between management and being managed, supervision and being supervised, commanding and being commanded; the labor relationship is a property relationship formed by equal subjects based on the agreement between the two parties. , there is no personal affiliation. Labor relations refer to the employer’s employment of workers for its business operations.
The stability of the relationship is different. The labor relationship is relatively stable and reflects an ongoing relationship between the means of production, workers and labor objects; while most labor relations are one-time or temporary. Work, generally for the purpose of completing a specific job.
The treatment is different. In labor relations, in addition to regular labor remuneration, workers also enjoy various benefits stipulated in labor laws and regulations, such as social insurance benefits, etc. Labor relations generally only involve labor remuneration, and labor remuneration is paid in one lump sum or in installments. There is no social insurance or other benefits.