Is hourly work a labor relationship or a labor relationship? If hourly workers have a contract form with the employer, it is an affiliated relationship, generally a labor relationship; If hourly workers and employees negotiate orally or in writing, there is obviously no subordinate relationship, then this situation belongs to labor relations.

The hourly labor law stipulates as follows: Part-time employment refers to a form of employment in which hourly wages are the mainstay, and the average daily working hours of workers in the same employer generally do not exceed four hours, and the cumulative working hours per week do not exceed twenty-four hours.

The concept of labor relations and labor relations

1. Labor relations refer to the social labor relations formed between workers and their units in the process of realizing social labor.

2. Labor relations refer to a social relationship in which one party providing labor services provides labor services to the needy party, and the needy party pays the agreed remuneration.

It is easy to distinguish whether hourly workers are labor relations or labor relations. If hourly workers have a contract form with the employer, it is an affiliated relationship, which generally belongs to labor relations; If hourly workers and workers negotiate orally or in writing, there is obviously no subordinate relationship, then this situation belongs to labor relations.

Legal basis:

Notice on matters related to the establishment of labor relations

1. The employer has not signed a written labor contract, but in any of the following circumstances, the labor relationship is established.

(a) the employer and the employee meet the subject qualifications stipulated by laws and regulations;

(2) Laborers accept the labor management of the employing unit and engage in paid labor arranged by the employing unit, and the labor rules and regulations formulated by the employing unit according to law shall apply;

(3) The labor provided by laborers is an integral part of the employer's business.

Two, the employer has not signed a labor contract with the employee, in determining the existence of labor relations between the two sides, you can refer to the following documents:

(a) payment vouchers or records (payroll), the payment of various social insurance premiums;

(2) Work Permit, Service Certificate and other documents that can prove the identity issued by the employer to the employee;

(3) Employment records such as Registration Form and Application Form filled out by employees;

(4) attendance records;

(5) Testimonies of other workers, etc.

Among them, the relevant documents in items (1), (3) and (4) shall be borne by the employer.