摘要： 大陆法系国家或地区之民法典中大多有“雇佣合同”的规定，但我国《合同法》有名合同中无“雇佣合同”的规定。我国自社会主义改造完成后至上世纪80年代，“雇佣”消失于社会生活，“雇佣”亦未成为官方中性用语。正视“雇佣”，并在民法典中重置雇佣制度，实有必要。雇佣合同与劳动合同之关系直接反映为民法与劳动法调整雇佣关系的定位与理念，亦反映了两者的关联与区别。雇佣合同制度与理论的提升，对于劳动合同制度与理论，对于其他劳务类合同，如承揽合同、委任合同，皆有促进作用。

关键词: 民法典, 雇佣合同, 劳动合同

Abstract: The Civil Code in drafting is the fundamental code of China's laws.As an integral part of the Civil Code, the Obligation Chapter has already been laid fine foundation by the Contract Law of 1999.The pity is no employment contract specified in Contract Law.However, the employment contract has never lost its status in civil codes of civil law countries.Employment practice was abolished in social activities in China from the success of socialist transformation to 1980s.In reality, the employment is still not classified as a neutral official word.The substantial industrial employment – labor contract institution was rebuilt in the last century.It is necessary to set employment institution in Civil Code as it is a must of social life.The relation between civil employment contract and labor contract reflects the function and concept of civil law and employment law in regulating employment relations.The improvement of the institution and theory of employment contract has positive effects on labor contract and other labor related contracts as contract of hired work and agency appointment contract.

Key words: Civil Code, Employment Contract, Labor Contract