The labor contract from the contract of employment development, there is not much difference in essence, very close. Labor relations is in the realization of social labor process, between workers and units of the social labor relations, norms of the object is put forward and service delivery services. But in the reality of China's large population, cannot achieve employment situation, specification, adjustment and the legal consequences of the contract is two kinds of completely different. The main difference is:

1.Of the two different history.

     The employment contract has a long history of the slave society, since the existence of exploitation, human labor relations began to have the employment relationship, with the exchange of labor and gradually produced a contract of employment. Labor contract is the basis for the development of capitalism in seventeenth Century the commodity economy is developed on the employment contract.

2.Different nature.

     The employment contract is to provide service for the employer employee contract; labor contract is to determine the labor relations of the labor contract between the employer and the worker.

3.Objective to different.

     Employment contract for the purpose of providing labor services, the employment of labor people "all" and "domination" of workers as the center, while the labor contract is to provide services to the workers "person" as the center, to the laborers become the employer's internal members for the purpose of.

4.The degree of state intervention in different.

     Reflect the employment contract is more agreement of both parties through consultation, is the consistent results, the degree of state intervention is small; and the labor contract reflects the more state intervention in the parties of the contract, the conclusion of the contract procedures, employer obligations, working conditions, labor protection, minimum wage, the lifting of the contract have made special provisions, mainly focus on the special protection of workers.

5.And the relationship between different subjects.

     The labor contract one party to the other party for the workers, the employer, the employer shall belong to the legal person or social groups, its scope is limited to unit labor, laborer is in become the employer members, abide by the rules and regulations, must undertake the jobs or job certain, servant and employ human existence "special relationship", employee labor should be "is highly subject to employer in the downlink case". While the employment contract can be a party to the other party of citizens, as a unit, can be both for citizens, and employees do not become employers members. Employment services is very extensive, where the legal adjustment of the service can be applicable to the contract of employment.

6.The legal adjustment of different.

     Labor contract is adjusted by the labor law, labor contract law; employment contract should belong to the adjustment of civil law. At present, China's contract law has not made the clear provisions of general principles of the civil law, regulation and law of contract.

7.Different processing procedure disputes.

     Dispute occurred when labor contract, must be approved by the arbitration, the judicial authorities can intervene, the dispute shall be handled provisions of labor law, labor contract law, arbitration institutions or the court can judge the employer to continue to fulfill the labor contract; similarly, the termination of the contract should follow certain legal procedures. While the employment contract dispute, the court may directly accept the case, provisions of civil law; remove have what special procedures, the parties may at any time terminate the employment relationship.