1. Both parties have the conditions to establish a labor relationship: one party is an organization and the other party is an individual

2. The agreement between the two parties should be regarded as the establishment of a labor relationship, regardless of whether a written labor contract has been signed

3. The worker performs labor under subordinate conditions

4. Both parties have the characteristics of management and being managed

5. The rights and obligations of both parties adjust the labor process

The key to determining the labor relationship between a labor contract and a part-time contract is:

1. Both parties are equal and not subordinate

2. During the labor process, the two parties do not have a management and management relationship (i.e., there are no specific positions and posts, and no superiors and subordinates)

3. The rights and obligations of both parties are completely determined according to the agreement, which is a complete equal paid relationship (i.e., not subject to the unit's rules and regulations, but subject to the labor agreement)

4. The rights and obligations of both parties adjust the labor results

Labor contracts and part-time contracts, when signing labor contracts with employees, the following issues and risks should be noted in actual operations:

1. When signing a labor agreement, try to avoid clauses and performance methods that meet the characteristics of a labor contract.

2. The types of work for which a labor contract is signed mainly refer to the types of work that complete a certain amount of relatively independent work within a certain period of time, so not all positions can implement the labor employment model. It is mainly aimed at retired (referring to the beginning of enjoying pension insurance benefits) re-employed personnel, temporary project workers, seasonal workers, part-time workers, etc.

3. The labor remuneration structure of service workers should be separated from the wage structure of labor employment: that is, the labor remuneration structure should not include overtime pay, late deductions, attendance days, leave hours, fixed overtime, free overtime, bonuses, back pay of social security fees, rent, water and electricity fees, food expenses, union fees, emergency funds, company fines and other items involving the management of relevant company rules and regulations. Therefore, it is not conducive to the company's comprehensive management. All rights and obligations of both parties must be fulfilled through labor agreements, rather than regulated by rules and regulations.

4. When settling remuneration, in order to avoid confusion between labor remuneration and wages, the labor remuneration should be issued in the name of the labor department, and the basis for issuance should be indicated during settlement, such as yuan/hour (day, month, piece). To a certain extent, the company's financial costs are increased.

5. The risk involved is that although it is nominally labor employment, it is actually managed as labor employment. When a dispute occurs, the labor and social security department will handle it as a labor dispute. Therefore, it is not convenient for the company to manage by using the labor service method.

Sixth, the termination of the labor service contract is arbitrary, which is not conducive to maintaining the stability of the workforce and the sense of belonging of the employees.