Agree with comment in the above. In this underlined transaction, the contract concluded between the party A and the party B is defined as a service contract (服务合同)rather than an employment contract (劳动或聘用合同). Generally speaking, such contract being a specialized contract in its nature is governed (适用) by the PRC Labor Law and related regulations, while the former contract is governed by the PRC Contract Law.
In Yuan's case, he could have an claim against his employer (being the Party B) in respect of his injury, depending on the employment relationship between him and his employer, the Party B.
Sorry for reply in English, cz i am not good at typing Chinese characters.
[此贴子已经被作者于2003-10-27 16:13:10编辑过] |