劳动关系与劳务关系区别的再思考

劳动关系和劳务关系的区别,虽已有法律规定和理论标准,但实践中有时仍难以对其作出明确区分,主要原因是,有时难以判断劳动者是否以用人单位内部劳动者的身份提供劳动.作者提出,应参照劳动者劳动岗位的性质、劳动稳定性,收入状况等因素,综合判断劳动者是用人单位内部成员.同时提出,为防止用人单位故意将劳动关系转为劳务关系,逃避社会保险责任,应从立法上规定,劳务服务关系的主体双方用人单位,对劳动者的社会保险承担连带责任.

A New Reflection on the Difference between Labor Relations and Service Relations

As for the difference between labor relations and service relations,there already exist some legal and theoretical standards.But sometimes it is still difficult for us to tell the differences between them.The main reason is that we sometimes cannot tell if a worker work as a member of a working unit.The author points out that we can systematically judge it considering the nature of the work,the stability of the job and income of the worker etc.Also, the author stresses that in order to prevent some working units from evading their liabilities in social securities;we should impose co-liability to the working units in which one provides labor service for the other through legislation.