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Attorney Lyu from Huhehaote Explains the Difference Between Labor Relations and Contractual Relations in China

Let me explain the difference between labor relations and contracting relationships with an example. Consider a project manager at a renovation company who has worked there for several years. If the company owes this project manager wages, the project manager can file a lawsuit in labor court demanding payment of the unpaid wages. However, if the project manager cannot provide social insurance proof and a labor contract, the labor court may dismiss the lawsuit. The labor court’s reasoning in such cases is that this constitutes a contracting relationship. Key characteristics of a contracting relationship include: the employer provides primary materials and tools, the worker possesses specialized skills and brings their own tools to work, the employer does not engage in daily supervision or direction of the worker, and there is no strict attendance requirement. Work arrangements like this may not qualify as an employment relationship. I am Attorney Lyu from Huhehaote. If you have any legal questions, feel free to contact me.

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