劳动合同与劳务合同、雇佣合同辩析

To Correctly Understand the Discrepancies of Labor Contractfrom Contract of Labor Service and Employment Contract

劳动合同与劳务合同、雇佣合同是具有很大相似性的三种不同合同,只有劳动合同在劳动法中有明确的规定,雇佣合同和劳务合同在法律中没有做出明确规定,只能根据有关民法理论进行分析判断。在司法实践中对这三类合同的认识易产生偏差。

Labor contract, contract of labor service and employment contract are three different contracts sharing great similarities. Only labor contract has clear regulations in the labor law, while employment contract and contract of labor service have not been clearly regulated in the law and can only be analyzed and judged according to the related theories of civil laws. Therefore, deviation on understanding those three kinds of contracts is easily born in judicial practice.