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一、劳动关系的审查和认定对劳动关系与劳务关系的审查与认定:劳动者与用人单位是否存在劳动关系,涉及到劳动关系解除后用人单位是否应支付经济补偿金、社会保险金。审判实践中,劳务关系与劳动关系的界限较不易分清,因此严格区分劳动关系与劳务关系尤为重要。所谓劳务关系,也即雇用关系,是指一方向他方提供劳务,另一方给付报酬的权利义务关系。给付报酬一方为雇用人,提供劳务一方为受雇人。劳务关系一般由劳务合同确认。劳务合同也叫雇用合同,是指当事人一方为他人提供劳务,他方给付报酬的合同。劳务雇用是
First, the review and determination of labor relations Review and determination of the relationship between labor and labor: labor and employers whether there is labor relations, involving the termination of labor relations whether the employer should pay economic compensation, social insurance payments. In the trial practice, the boundary between labor service and labor relation is not easy to distinguish. Therefore, it is very important to strictly distinguish between labor relation and labor service. The so-called labor relations, that is, employment relationship, refers to one party to provide services to others, the other party to pay the rights and obligations. One of the remuneration paid to the employer, providing services to one of the employees. The service relationship is generally confirmed by the service contract. Also referred to as a contract of employment, a contract of employment refers to a contract in which one of the parties provides services to others and the other pays the remuneration. Employment is