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Labor Contract Party A: Party B: In accordance with the Labor Law of the People's Republic of China and relevant regulations, Party A and Party B voluntarily sign this contract through equal consultation and jointly abide by the terms listed in this contract.
1. Duration of Labor ContractArticle 1 This contract is a labor contract for a limited period. 2. Work content Article 2 Party B agrees to work in positions (types of work) according to the needs of Party A's work. Article 3 Party B's work shall meet the technical standards specified by Party A.
3. Labor protection and working conditions Article 4 Party A arranges Party B to implement the eight-hour working hour system. Article 5 Party A shall provide Party B with necessary working conditions and labor tools. Article 6 Party A is responsible for educating Party B on professional ethics, business technology, labor safety, labor discipline and Party A's rules and regulations.
4. Labor remuneration Article 7 Party A shall pay Party B's salary in the form of money every month. Article 8 If Party A's production tasks are insufficient and Party B waits for work, Party A does not need to pay Party B's monthly living expenses. Article 9 In any of the following circumstances, Party A and Party B shall modify the labor contract and go through the formalities for changing the contract in a timely manner:
1) Both parties agree through consultation; (2) If there is a major change in the objective circumstances on which this contract is based, resulting in the inability to perform this contract Article 10 Party B may terminate this contract under any of the following circumstances: (1) It is proved that it does not meet the employment conditions during the probationary period; (2) In case of serious violation of labor discipline or Party A's rules and regulations, the labor contract may be terminated in accordance with the provisions of Party A's unit or the provisions of this contract. Article 11 Party A shall terminate this contract under any of the following circumstances:
1) Party B is sick or injured not due to work, and cannot engage in the original work or the work arranged by Party A; (2) There is a major change in the objective circumstances on which this contract is based at the time of conclusion, resulting in the inability to perform the contract, and both parties cannot reach an agreement on changing this contract after negotiation; V. Other contents agreed by the partiesArticle 12 Party A and Party B agree to add the following contents to this contract: Article 13 Party A may terminate this contract under any of the following circumstances: 1. During the probationary period, it is proved that it does not meet the employment conditions; 2. Serious violation of labor discipline or Party A's rules and regulations; 3. Serious dereliction of duty, malpractice for personal gain, causing major damage to Party A's interests; 4. Those who have been investigated for criminal responsibility in accordance with law.
Article 14 Under any of the following circumstances, Party B may notify Party A to terminate this contract at any time: 1. During the probation period; 2. Party A is forced to work by means of violence, threats, imprisonment or illegal restriction of personal freedom; 3. Party A cannot pay labor remuneration or provide labor conditions in accordance with the provisions of this contract. 6. Liability for breach of contract 1
During the contract period, Party A shall not be provided for Articles 16 and 19 of the Interim Provisions, and Party B shall be subject to Article 17 of the Interim Provisions.
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If the fine that should be paid if the labor contract is not settled, it will be directly recognized as the local average salary as the base, and the interrupted social security will also be paid, but this requires you to provide proof of employment during this period, such as salary list, attendance sheet, etc., which can prove that you do work in this enterprise, and the clothing deposit is normal, but the deposit receipt must be issued.
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The difference is very big, the consulting service contract is to stipulate that you are to provide consulting services for the company, there is no labor relationship between the two parties, the company pays you a consulting service fee, not a salary, the company does not have to buy social security and provident fund, the occurrence of a situation that should be a work-related injury does not belong to a work-related injury, that is, the company has cleared all the responsibilities that can be cleared.
In the case of a labor contract, the company will pay you wages on time every month, and the company will purchase social security and provident fund, and in the event of a work-related injury, the company shall apply for recognition of work-related injury, and the company that has not purchased social insurance shall bear all the responsibilities for work-related injuries.
A few days ago, I saw a news article that a company signed a contract with its own boiler workers, and a lawsuit was filed after a work-related injury, and finally the court ruled that the lawsuit was lost.
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An employment contract is a contract of employment between the company and the employee, and the company needs to insure the employee.
The consulting service contract is a service contract between the company and an external individual, one party provides consulting services, the other party pays the consulting fee, there is no labor relationship, and there is no need to pay social security.
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Are you a consultant for their company? — It seems to be the company of the friend!
The consulting service contract is the consulting business that you provide to it, and there is no labor relationship, and the company will ...... it on a monthly basisThe contract stipulates that you will pay a consulting fee and a service fee, and your relationship is governed by contract law and civil law!
The labor contract is that you are an employee of the company, subject to the company's system (including the relationship of the attendance system), the company pays you a monthly salary, purchases social security, and your relationship is governed by the labor law and the labor contract law!
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The laws applicable to the two are not the same. The consulting contract is subject to the contract law of the Civil Code, and the employment contract is subject to the labor contract law.
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The consulting service contract is a consulting agency contract, and the labor contract is a contract signed between the company and the employee.
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1. Which department to consult the labor contract?
If a dispute arises over an employment contract, the dispute should first be filed with the local labor dispute arbitration commission, which is often set up in the local labor bureau (human resources and social security bureau). Labor dispute arbitration is exempt from fees as stipulated by the state. If the applicant is not satisfied with the outcome of the arbitration, he or she may file a lawsuit.
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Summary. Hello! Please tell us about your problem.
Hello! Please tell us about your problem.
I have been on sick leave since February 18, of which February 18 to March 1 is the previous overtime holiday, and my medical treatment period has not ended since March 2. However, the company informed me that my salary for the medical treatment period should be subject to the company's internal control system, not the labor contract.
This is the salary payment during the medical period of my labor contract, but the company said that it should be subject to the internal control management system issued by the company.
Please note that a total of 6 messages can be sent, please use it sparingly and try to make all questions clear at once.
In principle, such matters shall be subject to the content of the labor contract. In addition, the so-called internal control system of the company, especially the system involving the vital interests of employees, should comply with the relevant laws and regulations of the Labor Contract Law, and should be discussed and decided by the workers' congress or all employees, rather than simply the will of the company.
Okay, thank you.
It is expressly stipulated in the law that the contract cannot be terminated during the medical treatment. If the dismissal on the grounds that the unit fails the assessment is a deliberate circumvention of the law and a serious violation of the law, there is also a sentence after the unqualified training, requiring the unit to arrange another job. Compensation is based on the premise of termination of the contract, and it is related to the length of service years, so it is difficult to compare which compensation is more.
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