Labor relations refer to labor contracts signed in accordance with the law between government agencies, enterprises, institutions, social groups and individual economic organizations (collectively referred to as employers) and individual workers. The workers accept the management of the employer and engage in employment activities. The legal relationship arising from the work arranged by the unit, becoming a member of the employer, receiving remuneration from the employer and receiving labor protection. In real life, it is quite common for an employer to fail to sign a labor contract with an employee. However, as long as both parties actually fulfill the above rights and obligations, a de facto labor relationship will be formed. Compared with the actual labor relationship, the actual labor relationship only lacks the formal requirement of a written contract, but it does not affect the establishment of the labor relationship. The labor relationship is a paid service legal relationship in which the laborer and the employer provide one-time or specific labor services to the employer based on an oral or written agreement, and the employer pays the laborer remuneration in accordance with the agreement. The main differences between labor relations and labor service relations are as follows: 1. The basis for the two is different. The labor relationship is based on the combination of production factors between the employer and the worker; the basis for the labor relationship is the agreement between the two parties. If there is no intention to negotiate a contract, no written agreement, and no oral agreement, it is an integrated rights and obligations relationship between the employer and the employee that arises in accordance with the provisions of the articles of association. , should generally be regarded as a labor relationship rather than a labor service relationship. 2. The applicable laws are different. Labor relations are mainly regulated by civil law, contract law, and economic law, while labor relations are regulated by labor law and labor contract law. 3. Subject qualifications are different. The subject of a labor relationship can only be one legal person or organization, that is, the employer, and the other party must be an individual worker. The subject of the labor relationship cannot be a natural person at the same time, nor can it be a legal person or organization at the same time; both parties are the subject of the labor relationship. They can be legal persons, organizations, and citizens at the same time, or they can be citizens and legal persons and organizations. The Ministry of Labor's "Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China" further defines this in the first part of the scope of application, including Article 1: "'Individual economic organizations in Article 2 of the Labor Law' "Refers to individual industrial and commercial households that generally employ less than seven people." In 1994, the General Office of the Ministry of Labor pointed out in the "Reply Letter on How to Confirm the Subject of Temporary Workers" (Laobanfa [1994] No. 109) that private contractors are responsible. People are also the subject of employment, that is, private individuals may also become the subject of employment in labor relations. However, on June 24, 2002, the Ministry of Labor and Social Security clearly abolished the above reply letters in the "Notice on Abolition of the Two Replies from the General Office of the Former Ministry of Labor on How to Confirm the Subjects of Temporary Workers" ([2002] No. 108) . Therefore, natural persons cannot become the main employer in labor relations in their own names. The minimum requirement is that they must be individual industrial and commercial households that have been registered with the industry and commerce. 4. The nature of the subjects and their relationships are different. There is not only a property relationship, that is, an economic relationship, but also a personal relationship, that is, an administrative affiliation relationship, between the two parties in the labor relationship. In addition to providing labor, workers must also accept the management of the employer, obey its arrangements, abide by its rules and regulations (such as attendance, assessment, etc.), and become internal employees of the employer. However, there is only a property relationship, that is, an economic relationship, between the two parties in the labor relationship. There is no subordination to each other, there is no administrative affiliation, and there are no rights and obligations to manage and be managed, to dominate and to be dominated. Workers provide labor services. The employer pays labor remuneration independently and has equal status. This is the most basic and obvious difference between labor relations and labor service relations. 5. It is different in whose name the work is carried out and who bears the responsibility. The de facto labor relationship is that the employee works in the name of the employer. The employee is an employee of the employer, and his or her provision of labor is an official act and constitutes part of the overall behavior of the employer. The employer shall bear legal responsibility, and the employee shall bear the legal responsibility. It doesn't matter; the labor relationship means that the party providing labor services engages in labor services in his own name and bears legal responsibility independently. If damage is caused to the person or property of a third party during the provision of labor services purely due to the employer's fault, the employer has nothing to do with the damage. Article 43 of the "General Principles of the Civil Law": "An enterprise legal person shall bear civil liability for the business activities of its legal representative and other staff." The Supreme People's Court's "On Several Issues Regarding the Implementation of the "General Principles of the People's Republic of China and the Civil Law" Article 58 of the Opinions also stipulates: "If the legal representative and other staff of an enterprise legal person engage in business activities in the name of the legal person and cause economic losses to others, the enterprise legal person shall bear civil liability." 6. The content of the contract is governed by the state There are different levels of intervention. The terms and content of labor contracts are often stipulated by the state through mandatory legal norms. For example, to terminate a labor contract, unless both parties reach an agreement through negotiation, the employer must comply with the conditions stipulated in the Labor Law to terminate the labor contract. Labor service contracts are subject to a low degree of state intervention. The content of the contract mainly depends on the autonomy of both parties. Unless it violates the mandatory provisions of national laws and regulations, it is determined by both parties through free negotiation. 7. The binding force of internal rules and regulations is different. A labor contract is a special employment contract or a subordinate employment contract. Enterprises have the unilateral power to reward and punish employees for their compliance with internal rules and regulations.

The rules and regulations adopted by the employer through the workers' congress or the workers' congress, or the rules and regulations formulated by the employer without the workers' congress through the shareholders' meeting, the board of directors and other authority bodies or in accordance with the corresponding democratic procedures, as long as they do not violate national laws, administrative regulations and If a labor dispute occurs, these rules and regulations will be used together with the labor contract as the basis for handling the issue. When a dispute arises between the two parties in a labor service contract, only the labor service contract itself can be used as the basis for resolving the dispute. The internal rules and regulations of either party cannot be the basis for the rights and obligations of both parties. 8. The control rights of the labor force are different. In labor relations, the power to control the labor force is exercised by the employer who controls the means of production, and both parties form a subordinate relationship between the manager and the managed; in labor relations, the labor provider organizes and directs the labor process on its own. 9. The rights to participate in business management are different. As employees in labor relations, they have the right to participate in the democratic management of the enterprise through trade unions, workers' conferences, workers' congresses, board of supervisors, etc., and make decisions on the appointment and dismissal of senior managers, business decisions, employee rewards and punishments, wage systems, living welfare, labor protection and Exercise the power to approve, propose or express opinions on insurance and other matters. However, as a labor service provider in a labor contract relationship, he is not an internal employee of the enterprise, does not enjoy the above-mentioned rights, and has no right to interfere or interfere in the production and operation of the enterprise. Article 8 of the "Labor Law": "Workers, in accordance with legal provisions, participate in democratic management through workers' conferences, workers' congresses or other forms or conduct equal consultations with employers on the protection of workers' legitimate rights and interests." Article 16 of the "Company Law" Paragraph 2 of Article 2: “Wholely state-owned companies and limited liability companies invested and established by two or more state-owned enterprises or two or more other state-owned investment entities shall, in accordance with the provisions of the Constitution and relevant laws, implement democratic processes through workers’ congresses and other forms. Management. "Article 52, Paragraph 2: "The board of supervisors shall be composed of shareholder representatives and an appropriate proportion of the company's employee representatives. The specific proportion shall be stipulated in the company's articles of association." Article 67: "State-owned enterprises. The board of supervisors of a wholly-owned company shall mainly be composed of personnel appointed by the State Council or institutions and departments authorized by the State Council, and shall be attended by representatives of the company's employees. "Article 124, Paragraph 2: "The board of supervisors shall be composed of shareholder representatives and an appropriate proportion of company employee representatives, with the specific proportion determined by The company's articles of association stipulate that employee representatives on the board of supervisors are democratically elected by the company's employees. "Article 9 of the Law on Industrial Enterprises Owned by the Whole People: "The state protects the ownership of employees, and their legitimate rights and interests are protected by law." Article 10: " Enterprises implement democratic management through workers’ congresses and other forms: “Unless otherwise provided by the State Council, the selection of factory directors shall be determined by one of the following methods based on the circumstances of the enterprise: (1) Government. Appointment or recruitment by the competent department; (2) Election by the enterprise's workers' congress. The candidate for the factory director appointed or recruited by the government's competent department must seek the opinions of employee representatives; the factory director elected by the enterprise's workers' congress must be submitted to the government's competent department for approval. The factory director appointed or recruited by the competent department shall be removed or dismissed by the competent government department, and the opinions of the employee representatives must be sought; the factory director elected by the enterprise's workers' congress shall be removed by the workers' congress and must be reported to the competent government department for approval. "Article 2 Article 49: "Employees have the right to participate in the democratic management of enterprises..." Article 51: "The Workers' Congress is the basic form of democratic management of enterprises and is the organization for employees to exercise democratic management power. The working body of the Workers' Congress is the enterprise's Trade Union Committee. The enterprise trade union committee is responsible for the daily work of the workers’ congress: “The workers’ congress shall exercise the following powers: (1) Listen to and review the factory director’s business policies, long-term plans, annual plans, and capital construction plans. Reports on major technological transformation plans, employee training plans, retained fund allocation and use plans, and contracting and leasing management responsibility plans, and provide opinions and suggestions (2) Review and approve or reject the company's wage adjustment plan, bonus distribution plan, and labor protection. Measures, rewards and punishments, and other important rules and regulations (3) Review and decide on employee welfare fund use plans, employee housing allocation plans, and other major matters related to employees’ living welfare. (4) Evaluate and supervise administrative leaders at all levels of the enterprise and propose proposals. Suggestions on rewards, punishments, appointments and removals. (5) Elect the factory director according to the decision of the competent government department and submit it to the competent government department for approval. "Article 53: "The workshop shall implement democratic management through workers' meetings, workers' representative groups or other forms. Workers directly participate in the democratic management of their teams. "Article 8 of the "Regulations on Urban Collectively Owned Enterprises": "Employees of collective enterprises are the owners of the enterprise and exercise the power to manage the enterprise in accordance with laws, regulations and the articles of association of collective enterprises. The legitimate rights and interests of employees of collective enterprises are protected by law. "Article 9: "Collective enterprises shall implement democratic management in accordance with legal provisions. The workers (representatives) conference is the power body of the collective enterprise, which elects and removes enterprise managers and decides on major issues of operation and management. Collective enterprises implement a factory director (manager) responsibility system. The democratic management rights of employees of collective enterprises and the exercise of powers by factory directors (managers) in accordance with the law are protected by law.

” Article 25: “In accordance with the provisions of laws and regulations, employees shall enjoy the following rights in collective enterprises: (1) The right to elect and be elected for management positions at all levels of the enterprise; (2) Participate in the democratic management of the enterprise, supervise various activities of the enterprise and The work of managers;..." Article 28: "The workers (representatives) conference of a collective enterprise shall exercise the following powers within the scope of national laws and regulations: (1) Formulate and amend the articles of association of the collective enterprise; (2) In accordance with national regulations Elect, remove, hire, and dismiss the factory director (manager) and deputy factory director (deputy manager); (3) review various proposals submitted by the factory director (manager) and decide on major issues in enterprise operation and management; (4) review and decide The company's employee wage forms, wage adjustment plans, bonuses and dividend plans, employee housing allocation plans and other major matters related to employees' living and welfare; (5) Review and decide on the company's employee rewards and punishments and other important rules and regulations; (6) Laws, Other powers stipulated in regulations and articles of association. "Article 32, Paragraph 1: "The factory director (manager) shall be elected or recruited by the enterprise's workers' congress. "Article 87 of the Regulations for the Implementation of the Sino-Foreign Equity Joint Venture Law: "When the joint venture's board of directors meets to discuss the joint venture's development plan, production and operation activities and other major matters, representatives of the trade union have the right to attend the meeting and reflect the opinions and demands of the employees. When the board meeting considers and decides on issues related to employee rewards and punishments, wage systems, living benefits, labor protection and insurance, representatives of the trade union have the right to attend the meeting. The board of directors should listen to the opinions of the trade union and obtain the cooperation of the trade union. "Article 68, paragraph 2, of the Implementing Rules of the Foreign-Funded Enterprise Law: "When a foreign-funded enterprise studies and decides on issues related to employee rewards and punishments, wage systems, living benefits, labor protection and insurance, trade union representatives have the right to attend the meeting. Foreign-invested enterprises should listen to the opinions of trade unions and obtain their cooperation. ” 10. The provisions on work and rest time are different. In the labor contract, the employer must reasonably arrange the workers’ working hours and rest and vacations in strict accordance with the Labor Law and relevant national regulations. For example, the employer must ensure that the workers have at least one day off per week. On the same day, if the employer requires employees to work during statutory rest and vacation time, they must pay additional overtime wages in accordance with legal provisions, etc. The employer shall not exclude the above-mentioned rights of employees through contracts, otherwise the relevant provisions shall be deemed invalid. For labor service contracts, unless otherwise agreed by both parties, the labor service provider can arrange the time for providing labor services on its own. As for whether to provide labor services on legal holidays and how many hours of labor services to provide every day, the two parties can agree on their own; if the two parties have not agreed. , can be handled in accordance with the provisions of Article 62 of the Contract Law. The amount of labor remuneration is directly agreed upon by both parties in the labor contract and does not change due to the specific time when the labor services are provided, even if the labor services are provided for more than eight hours per day, or If labor services are provided for more than forty hours per week or during statutory holidays, labor service providers shall not require additional remuneration accordingly. Article 36 of the Labor Law states: “The state implements a policy that workers’ daily working hours shall not exceed eight hours, on average. A working hours system in which working hours do not exceed forty-four hours per week. ” Article 40: “The employer shall arrange leave for workers during the following holidays in accordance with the law: (1) New Year’s Day; (2) Spring Festival; (3) International Labor Day; (4) National Day; (5) stipulated by laws and regulations Other holidays. "Article 41: "Due to production and operation needs, the employer may extend working hours after consultation with the trade union and workers, generally not more than one hour per day; if working hours need to be extended due to special reasons, the employer must ensure the health of the workers. Under certain conditions, extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month. "Article 43: "The employer shall not extend the working hours of workers in violation of the provisions of this Law. "Article 44: "In any of the following circumstances, the employer shall pay wages higher than the workers' normal working hours wages according to the following standards: (1) If the workers are arranged to extend their working hours, the employer shall pay no less than 100% of the wages. One hundred and fifty percent of the salary; (2) If workers are arranged to work on rest days and compensatory leave cannot be arranged, a salary of no less than 200% of wages shall be paid; (3) Workers are arranged to work on statutory holidays Those who work shall be paid no less than 300% of the salary. "Article 45: "The state implements a paid annual leave system. Employees who have worked continuously for more than one year shall enjoy paid annual leave. The specific measures by the State Council. "Article 51: "The employer shall pay wages to workers in accordance with the law during statutory holidays, wedding and funeral leave, and during the period when workers participate in social activities in accordance with the law. ” 11. The provision of materials such as tools, equipment, etc. is different. In labor relations, the employer must have certain material conditions such as factories and office spaces, instruments, equipment, etc., and provide necessary safety and health guarantees and protective equipment for workers’ work. . This is also the prerequisite for the employer to engage in production and business activities, and it is the basic condition for it to recruit employees to engage in production activities. In the labor relationship, the provision of tools, equipment and other material conditions will not be provided in the contract. If agreed, it should generally be provided by the labor service provider. Because in the labor service relationship, the labor service provider's main obligation is to provide labor services that comply with the agreement. As for the method of providing labor services, it is up to the labor service provider to decide on its own. 12. Vocational skills training. obligations are different.

In labor relations, according to the provisions of Article 68 of the Labor Law, employers have the obligation to provide vocational training to workers to enhance their skills; in labor relations, the improvement of skills of labor providers shall be deemed as As for its own obligations, the other party shall only accept the services provided by it and shall not interfere with its vocational training matters. 13. The treatment of subjects is different. In addition to salary remuneration, workers in labor relations also receive insurance, welfare benefits, etc.; while natural persons in labor relations generally only receive labor remuneration. 14. The obligations of employers are different. The performance of labor contracts involves state intervention. In order to protect workers, the Labor Law imposes many mandatory obligations on employers. For example, employers must pay social insurance for workers, and employers must pay workers wages that must not be lower than those paid by the government. The stipulated local minimum wage standards, etc. These legal obligations that must be fulfilled cannot be changed through negotiation. The employer in a labor contract generally does not have the above obligations. Of course, both parties can agree on the above content, or the above content does not exist. 15. The nature of remuneration and the method of payment are different. The labor remuneration generated due to the performance of the labor contract is of a distributive nature and embodies the principle of distribution according to work. It does not completely and directly change with the changes in market supply and demand. Its payment form is often specified as a continuous and regular wage payment ( Generally, it is paid on a monthly basis with regularity); labor remuneration obtained due to a labor service contract is paid according to the market principle of equal value and is completely determined by the two parties through negotiation. It is a one-time payment of the price of the commodity (mostly a one-time immediate payment). There are no certain rules for settlement or payment by stages and batches), and commodity prices are directly linked to changes in the market. In the labor contract relationship, wages should be paid in legal currency and shall not be paid in kind or securities instead of currency. The payment method of remuneration is in the form of currency and monthly payment. In a labor contract relationship, remuneration can be paid in currency, in kind, or in securities, and can be paid in installments or in one lump sum. 16. The priority of getting reward is different. In labor relations, the remuneration received by workers is in the form of wages; in labor relations, the remuneration received by labor service providers is labor fees, which are general claims. Article 204 of the "Civil Procedure Law" and Article 37 of the "Enterprise Bankruptcy Law" both stipulate: "After the bankruptcy property has given priority to the bankruptcy expenses, it shall be paid in the following order: (1) employee wages and labor insurance fees owed by the bankrupt enterprise; (2) ) Taxes owed by bankrupt enterprises; (3) Bankruptcy claims. "Therefore, when an enterprise goes bankrupt, workers' wages should be paid in priority over labor fees as general claims. In other words, the property of a bankrupt enterprise must pay workers' wages before they can talk about repaying labor fees. 17. The legal liabilities arising from breach of contract are different. Liabilities arising from non-fulfillment or illegal performance of labor contracts include not only civil responsibilities, but also administrative responsibilities. If the employer pays workers wages that are lower than the local minimum wage, the labor administrative department shall order the employer to make up for the wages lower than the local minimum wage within a time limit. If the labor administrative department refuses to pay the standard portion of wages, it may also give the employer a warning or other administrative sanctions. The liabilities arising from the labor contract are only civil liabilities - liability for breach of contract and tort liability, and there is no administrative liability. 18. The protection period is different. As a general civil case, the statute of limitations for parties to labor disputes to request protection from the people's court shall be governed by Article 135 of the General Principles of the Civil Law, which is two years. Article 82 of the 1995 Labor Law stipulates: “The party requesting arbitration shall submit a written application to the Labor Dispute Arbitration Committee within 60 days from the date of occurrence of the labor dispute.” The current appeal limitation period for labor arbitration is 60 days. Article 3 of the Supreme People's Court's "Interpretation on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases" stipulates: "The Labor Dispute Arbitration Commission shall, in accordance with the provisions of Article 82 of the Labor Law, consider that the arbitration application of the parties exceeds the sixty-day limit. If a party is dissatisfied with a written ruling, decision or notice of non-acceptance, and files a lawsuit with the People's Court in accordance with the law, the People's Court shall accept the case; if the time limit for applying for arbitration has indeed expired and there is no force majeure or other legitimate reasons, the People's Court shall dismiss the lawsuit in accordance with the law. Request. "According to the above provisions, the statute of limitations for labor dispute cases is actually only sixty days, which in disguise damages the legitimate rights and interests of workers. This practice of confusing and equating the statute of limitations for labor arbitration with the statute of limitations for court litigation is both unreasonable and illegal. 19. Disputes are handled differently. After a labor contract dispute occurs, it should first go to the labor arbitration committee of the labor agency for arbitration. If you are dissatisfied, you can file a lawsuit in the People's Court within the statutory period. Labor arbitration is a preliminary procedure; however, after a labor contract dispute arises, you can litigate, or you can go through both parties. The parties shall negotiate and resolve the matter. 20. Casualty accidents during the performance of the contract are handled differently. According to the provisions of the "Trial Measures for Work-related Injury Insurance for Enterprise Employees", if an employee who is a worker is injured or killed while working for the employer, as long as the injury is not caused by the worker's intentional behavior, even if it is caused by the worker's negligence and violation of regulations, should be considered as work-related injuries. The no-fault principle applies to damages for work-related accidents. In other words, even if the employer is not at fault, it should still be liable for compensation to workers who suffer work-related injuries. Relevant regulations on the handling of work-related injuries do not apply to labor relations. If a labor service provider suffers personal injury in the process of providing labor services, the party at fault can only bear the liability for compensation in accordance with the provisions of the General Principles of Civil Law, that is, the fault principle.

That is to say, if the damage accident occurs entirely due to the fault of the labor service provider (including intentionality and negligence), the labor service provider shall bear the responsibility; if both parties in the labor relationship are at fault for the occurrence of the accident, both parties shall bear the responsibility according to the Each party shall be liable for compensation according to the degree of their respective faults; those who are not at fault for the occurrence of the accident shall not be liable for compensation. Refer to the "Standards of Differentiation of Hong Kong Labor Laws" (Zhang Zhaodong, Xiamen Daozhixing Law Firm): Hong Kong law is deeply influenced by British law. In addition to local statutory laws and jurisprudence, British law has also become an integral part of Hong Kong's legal sources. Hong Kong courts are also faced with the dilemma of how to distinguish between labor relations and labor relations. However, due to differences in language environment and terminology habits, Hong Kong refers to labor law as labor legislation, labor contracts as employment contracts or contracts of service, and labor service contracts as contracts for service. Workers are called employees, employers are called employers, and labor service providers are called outworkers. Therefore, the difference between labor relations and labor relations is also called the difference between employees and outside workers. Article 2 of Hong Kong's Employment Ordinance stipulates that an employment contract refers to any written or oral, express or implied agreement whereby one party agrees to employ another party, and the other party agrees to be employed as an employee to serve the employer; in addition , also refers to an apprenticeship contract. employee means an employee to whom this Ordinance applies under section 4. Article 4 clearly stipulates that the requirements for employees are: manual workers or non-manual workers whose monthly income does not exceed HK$11,500, and employees under an employment contract with continuous employment. Section 2 of the Employees’ Compensation Ordinance stipulates that employees refer to all employees under an employment contract, regardless of whether they perform manual labor, clerical work or other work. However, the few words mentioned above are not enough to clearly distinguish the difference between employees and outside workers. In judicial practice, the courts have established several methods through precedents to identify whether an employment relationship exists. 1. Control test: In order to determine whether an employment relationship exists in a case, the court first used control standards to test. As early as 1880, Judge Bramwell applied this rule in a case to define a servant and thereby determine the existence of an employment relationship: "A servant shall be employed by his master and shall work according to his master's instructions." Legal expert Shah Salmond also defines a servant as: "Any person who is employed and works for an employer and whose actions are controlled." Among them, the right of control becomes the main criterion for judging whether there is an employment relationship. (the ultimate test). In 1924, Judge McCardie further clarified that the main factors of control rights are: the nature of the work performed; the freedom of movement granted; the quantity specified in the contract; the method of payment (wage collection); and the right to dismiss; The ability to control the criteria for awarding rewards. In 1946, Lord Thankerton held in another case that the right of appointment, right of dismissal and payment of wages were factors in judging the employment relationship. In other cases, the courts cited factors such as authorization, exclusive services, supply of plant and equipment, work obligations, working hours and holidays. 2. Integration test: Under normal circumstances, the employer in the employment relationship can tell employees what to do and how to do, so the control test rule can be easily applied to employees and outsiders. worker status. However, for professionals with special skills, the employer may not be able to understand the skills used by employees, and therefore cannot order employees what to do and how to do it, making it difficult to apply the control test rules. Therefore, the court separately adopted the integration test rule as a reference for deciding the case. The integration test rule was first seen by Lord Denning in a 1952 case judgment: "When you see a contract for services, you can easily detect its existence, but tell me the difference. Difficulty. A boat owner, a driver, and a newspaper reporter are all employed under a contract of service; but a pilot, a taxi driver, and a newspaper contributor are all employed under a contract of service. Therefore, a distinctive feature of the description of all the above cases is that under a contract for service, a person is employed as part of the enterprise and his work will be integrated into the enterprise. Part of it. As for the contract to serve others, although it is also working for the enterprise, it is not integrated within the enterprise, but is just an accessory. "The integration test rule is easier for employees with special skills. For example, in a 1967 case, the plaintiff was a circus trapeze artist. In addition to spending most of her time practicing and rehearsing, she also had to assist with other tasks (such as promoting shows). The court ruled that although her main tasks could be performed independently, she was an employee because these tasks were integrated with the circus.

3. Mixed test: In order to give full play to the advantages of the control test and the integration test, the courts began to adopt a holistic test that includes both, which is called mixed or multiple. Or the economic reality test rule. In a 1968 case, a worker, a truck driver, obtained a truck from the plaintiff (company) on a hire-purchase basis. It was agreed at the time of employment that he would paint the van in colors consistent with the company's colors and that he would wear uniform and the reasonable direction of a company employee. At the same time, it was agreed that if he was sick or asked for leave, he could find a substitute to work for him. Therefore, the company considered him not to be an employee of the company. When the Minister of Pensions and National Insurance determined that the driver was an employee and required to pay taxes and contributions as required, the company sued the court as the plaintiff. In the end, the court ruled that the driver was not an employee. In the case, Judge Mackenna pointed out that for a contract of service to exist, the following three conditions need to be met at the same time: The servant agrees to provide work and skills to the master in exchange for salary or other remuneration. Complete the service; he also agrees, expressly or implicitly, that his service is subject to the control of the owner to a certain extent; other terms in the contract are consistent with what a contract for services should have. The above-mentioned provisions of Hong Kong's labor laws and relevant jurisprudence have established several criteria for judging the difference between employees and foreign workers, especially the degree of freedom of movement in the control test rules, the method of payment (withdrawal of wages), and the criteria for awarding rewards. Reference factors such as control capabilities, supply of factory buildings and instruments, working hours and holidays, standards for whether employee work in the integrated test rule will be integrated into part of the enterprise, and specific judgment methods based on various factors in the mixed test rule, for Our distinction between labor relations and labor service relations provides useful reference. However, it should be noted that based on different legal backgrounds, for cases with similar circumstances, the conclusions drawn based on Chinese legal provisions may not necessarily be consistent with the precedents of Hong Kong courts.