目的以案例分析区别劳动关系与雇佣关系,为职业病诊断提供借鉴。方法分析两个典型案例,阐明劳动关系与雇佣关系的本质区别。结果劳动关系和雇佣关系主体不同,分别适用于劳动法和民法;劳动关系主体间发生劳动争议由劳动仲裁法调整,雇佣关系主体间存在争议应用民法争议处理程序。结论职业病诊断接诊时应正确区分劳动关系和雇佣关系,当事人与用人单位存在争议时应走相应法律途径解决,保护劳动者权益。 Objective To distinguish the relationship between labor and employment by case analysis and provide reference for the diagnosis of occupational diseases. Methods Two typical cases were analyzed to clarify the essential difference between labor relations and employment. As a result, labor law and civil law are respectively applicable to labor law and civil law. Labor disputes arising from the main labor relations are regulated by labor arbitration law. There is controversy over the handling of civil law disputes among the subjects of the employment relationship. Conclusion Occupational disease diagnosis should correctly distinguish between the labor relations and employment relations, the parties and employers in the dispute should take the appropriate legal channels to solve and protect the rights and interests of workers.