(1) Different subject qualifications. The subject of a labor contract can only be an enterprise, individual economic organization, private non enterprise unit and other organizations, that is, the employing unit, and the other party must be an individual worker. The subject of a labor contract cannot all be natural persons at the same time; The subject of labor contract can be signed between legal persons and organizations, between individual citizens and between citizens and legal persons.

《劳动合同法》第七条【劳动关系的建立】用人单位自用工之日起即与劳动者建立劳动关系。用人单位应当建立职工名册备查。

Article 7 of the labor contract law [establishment of labor relations] the employer shall establish labor relations with the employee from the date of employment. The employing unit shall establish a roster of employees for future reference.

(2)主体性质及其关系不同。劳动合同的双方主体间不仅存在财产关系，还存在着人身关系，劳动者必须遵守用人单位的规章制度，双方是领导与被领导、支配与被支配的隶属关系；劳务合同的双方主体之间只存在财产关系，双方法律地位平等，不存在隶属关系，提供劳务一方无须成为用工单位的成员即可提供劳务。

(2) The nature of the subject and its relationship are different. There are not only property relations, but also personal relations between the two parties of the labor contract. Workers must abide by the rules and regulations of the employing unit. Both parties are subordinate relations between leadership and being led, dominated and dominated; There is only property relationship between the two parties of the labor contract. Both parties have equal legal status and no subordinate relationship. The party providing labor services can provide labor services without becoming a member of the employing unit.

(3)主体的待遇不同。劳动关系中的劳动者获得工资除双方自行约定数额外，其他工资、工资支付方式、保险、公积金等福利待遇要遵守法律法规的规定；而劳务关系中提供劳务者获得的报酬、支付方式、保险等，主要由双方当事人自行协商，法律未做过多约束。

(3) The treatment of subjects is different. In addition to the amount agreed by both parties, other minimum wages, wage payment methods, insurance, provident fund and other welfare benefits for workers in labor relations shall comply with the provisions of laws and regulations; The remuneration, payment method and insurance obtained by the labor service provider in the labor relationship are mainly negotiated by both parties themselves, and the law does not impose too many constraints.

(4)合同内容的任意性不同。劳动合同的主要条款及内容由《劳动合同法》等法律明确规定，不能由当事人协商，如用人单位要为劳动者提供符合规定的劳动条件等；劳务合同由合同双方当事人在不违背强行法规定的情况下由双方当事人自行协商，任意性较强。

(4) The arbitrariness of the contract content is different. The main terms and contents of the labor contract are clearly stipulated by the labor contract law and other laws and cannot be negotiated by the parties. For example, the employer shall provide workers with working conditions in line with the provisions of the state; The labor contract is negotiated by both parties without violating the provisions of mandatory law, which is highly arbitrary.

(5)法律调整不同。劳务合同主要由民法典调整，而劳动法则由劳动合同法及相关行政法规来规范调整。

(5) Legal adjustment is different. The labor contract is mainly regulated by the civil code, while the labor law is regulated by the labor contract law and relevant administrative regulations.

(6)合同的法律责任：劳动合同不履行、非法履行所产生的责任不仅有民事上的责任，而且还有行政上的责任，如用人单位未按规定缴纳社会保险费的，由劳动保险行政部门或者税务机关责令限期缴纳。劳务合同所产生的责任只有民事责任，即违约责任与侵权责任，不存在行政责任。

(6) Legal liability of the contract: the liability arising from the non performance or illegal performance of the labor contract not only has civil liability, but also administrative liability. If the employer fails to pay the social insurance premium as required, the labor insurance administrative department or the tax authority shall order it to pay within a time limit. The liability arising from the labor contract is only civil liability, that is, liability for breach of contract and tort liability, and there is no administrative liability.

(7)纠纷处理方式不同。劳动合同纠纷发生后，争议一方应先到劳动仲裁委员会申请劳动仲裁，不服劳动仲裁在法定期间内才可以到人民法院起诉，劳动仲裁是前置程序；劳务合同纠纷出现后，争议双方可以直接向人们法院提起诉讼，无须“仲裁前置”。

(7) Disputes are handled in different ways. After a labor contract dispute occurs, one party to the dispute shall first apply to the labor arbitration committee for labor arbitration. If he refuses to accept the labor arbitration, he can bring a lawsuit in the people's court within the legal period. Labor arbitration is the pre procedure; After a labor contract dispute arises, both parties to the dispute can directly bring a lawsuit to the people's court without "arbitration".

三、劳务外包与劳务派遣的区别

3、 The difference between labor outsourcing and labor dispatch

1.适用的法律不同。劳务派遣适用劳动合同法，劳务外包适用合同法。

1. The applicable laws are different. The labor contract law shall apply to labor dispatch, and the contract law shall apply to labor outsourcing.

2.劳务承包单位可以是个人，也可以是法人或其他实体。(不建议发包给个人，实际中个人外包往往会被判为劳动关系)

2. The labor contract unit can be an individual, a legal person or other entity. (it is not recommended to contract out to individuals. In fact, individual outsourcing is often judged as labor relations)

劳务派遣单位必须是严格按照劳动合同法规定的依照公司法的有关规定设立、注册资本不得少于五十万元的法人实体；劳动者完成的工作都是企业的业务或职能活动。

The labor dispatch unit must be a legal entity established in strict accordance with the provisions of the labor contract law and the relevant provisions of the company law, with a registered capital of no less than 500000 yuan; The work completed by workers is the business or functional activities of the enterprise.

3.劳动者管理的责任主体不同。这是两者主要的区别。

3. The responsibility subjects of labor management are different. This is the main difference between the two.

发包企业对劳务承包单位的员工不进行直接管理，其工作组织形式和工作时间安排由劳务承包单位自己安排确定；

The contracting enterprise does not directly manage the employees of the labor contract unit, and its work organization form and working time arrangement shall be arranged and determined by the labor contract unit itself;

劳务派遣单位的员工必须按照用工单位确定的工作组织形式和工作时间安排进行劳动。

The employees of the labor dispatch unit must work according to the work organization form and working time arrangement determined by the employing unit.

4.劳务外包一般按照事先确定的劳务单价根据劳务承包单位完成的工作量结算，其合同标的一般是“事”；

4. Labor outsourcing is generally settled according to the labor unit price determined in advance and the workload completed by the labor contractor, and the subject matter of the contract is generally "matter";

劳务派遣一般是按照派遣的时间和费用标准，根据约定派遣的人数结算费用，其合同标的一般是“人”。

Labor dispatch is generally based on the dispatch time and expense standard, and the expenses are settled according to the agreed number of dispatched personnel. The subject matter of the contract is generally "person".

5.违法的后果不同。

5. The consequences of breaking the law are different.

劳务发包单位对劳务承担单位的员工不承担任何责任。劳务外包适用合同法，违约人除承担合同约定的违约责任外，适用民事赔偿责任。

The labor contract issuing unit shall not bear any responsibility for the employees of the labor service unit. The contract law shall apply to labor outsourcing. In addition to the liability for breach of contract agreed in the contract, the defaulter shall apply civil liability for compensation.

劳务派遣中，给被派遣劳动者造成损害的，劳务派遣单位与用工单位按劳动合同法承担连带赔偿责任。

If any damage is caused to the dispatched workers during labor dispatch, the labor dispatch unit and the employing unit shall bear joint and several liability for compensation in accordance with the labor contract law.