“劳务合同”是平等主体的公民之间、法人之间、公民与法人之间以提供劳务为内容而签订的协议,如服务中介合同、加工承揽、技术服务等。“劳动合同”则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。二者的法律性质不同。劳务合同是确立民事、经济关系的依据,属于民法、经济法的范畴,劳动合同是确立劳动关系的依据,属劳动法范畴。同时,二者确定待遇或报酬的原则方法不 “Service Contract ” is an agreement signed between citizens, legal persons, citizens and legal persons to provide labor services as equal subjects, such as service agency contracts, processing contracts and technical services. “Labor Contract ” is an agreement between laborers and employers to establish labor relations and clarify the rights and obligations of both parties. The legal nature of the two different. Labor contract is the basis for establishing civil and economic relations, belongs to the category of civil law and economic law, and labor contract is the basis for establishing labor relations and belongs to the category of labor law. At the same time, the two determine the principle of treatment or remuneration method is not