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雇佣关系在现实中大量存在,但是这一合同关系并没有在我国合同法中明确予以规范,在实务操作中一般按照合同法的基本原则调整,所以可以归为民事法律关系,雇佣关系不同于劳动关系,并不受劳动法调整,我国司法实践中解决因雇佣关系发生的纠纷不适用劳动法,而是依民法调整。讨论雇佣关系的问题,还必须从其与劳动关系的比较出发,哪些社会关系属于劳动关系,哪些社会关系属于雇佣关系,两者又如何区别;对于有些社会关系应当如何认定;其他的问题如雇工遭受损害,雇主承担什么责任;这些问题的解决都需要对我国调整雇佣关系的法律制度进行分析。
The employment relationship exists in a large amount in reality, but the contractual relationship has not been regulated clearly in China’s contract law. In practice, it is generally adjusted in accordance with the basic principles of the contract law, so it can be classified as civil legal relationship. Employment relationship is different from labor Relations are not subject to the adjustment of the labor law. In our judicial practice, disputes arising from the employment relationship are not applicable to the labor law, but are adjusted according to the civil law. Discuss the employment relationship, but also must be compared with the labor relations, which social relations belong to the labor relations, which social relations belong to the employment relationship, how to distinguish between the two; for some social relations should be identified; other issues such as hiring Suffer the damage and what responsibility the employer assumes; to solve these problems all need to analyze our country’s legal system of adjusting the employment relationship.