Both the employment contract and the contract are contractual, non-existent, two-way, and paid. However, there are the following differences:
First of all, the status and relationship between the parties in the completion of the work are different, the labor activities are a relationship of domination and subordination, with a certain personal relationship subordination, and the parties to the contract are independent of each other;
Secondly, the employment contract is based on labor services, and remuneration is required to be paid on a regular basis regardless of whether there are work results or not, while the contract is based on labor results, and if there are no results, they should not be paid, and generally settle labor remuneration in a lump sum;
Thirdly, the personal experience requirements of labor providers are different. In a contract for the provision of services, the labor service provider is generally not allowed to transfer the labor services to another person, while in the contract for the contract, the contractor may, with the consent of the contractor, hand over the main work to a third party to complete.
Fourth, in an employment contract, the labor provided by the employee generally forms an integral part of the employer's business or business activities, while in the contract relationship, the labor provided by the contractor is his independent business or business activity.
Fifth, the liability is different, the risks arising from the employment relationship are borne by the employer who receives the services, the employer bears the no-fault liability for the personal injury of the employee, the risks arising from the contract relationship are borne by the contractor who completes the work products, and the contractor of the contract relationship bears the liability for breach of contract and fault liability.
Lawyer Ju, lawyer of Jihang Law Firm, civil and commercial litigation, arbitration, legal consultation, ** documents, criminal defense, etc.
Hotspot Engine Program