浅析劳动合同和劳务合同的区别

Analysis of Differences between Employment Contract and Labor Contract

劳动关系是当今政府、企业和学界共同关注的领域,而劳动合同与劳务合同就是劳动关系的重要表现形式之一。劳动合同与劳务合同是极易混淆的两种合同,都是以劳动换取收入的合同,在实践中很难将之正确区分开来;但二者有着本质的不同。劳动合同是劳动者与用人单位确立劳动关系,明确双方权利义务的协议。劳务合同有广义与狭义之分。广义的劳务合同是指一切与提供活劳动服务(即劳务)有关的协议。狭义的劳务合同仅指一般的雇佣合同。劳动合同又是从雇佣合同发展而来的。因此,正确的区分这两种合同无论在理论上还是在实践上都有着重要的意义。

Employment relation （ER） is a focus of the government, enterpriser and the academic circle; moreover, beth of employment contract and labor contract are one of the important manifestations of ER. Employment contract and labor contract are confusing ones and beth of them are contracts in which employees can get incomes from work. However, they have lots of difference in nature. Employment contract establishes a legal relation between employer and employee, and nails down the rights and obligations of the two parties. Labor contract has its broad sense and narrow sense. In its broad sense, it refers to the agreement which offers all kinds of labor service, In its narrow sense, it only refers to a common engaged contract, Hence, it is of great theoretical and practical importance to differentiate employment contract and labor contract,