Does internship at the top of the job belong to the scope of labor law adjustment? Applying knowled

In accordance with Article 1 of the Labour Code.

Article 2, the former Ministry of Labor's "On the Implementation of the Labor Law of the People's Republic of China."

Views on a number of issues.

Article 4 stipulates that the following persons are not referred to as workers under the Labor Law, and the Labor Law shall not apply"1

Civil servants and staff of public institutions and social organizations that implement the civil service system mutatis mutandis.

The lawful exercise of state functions and powers by civil servants is not the performance of obligations agreed upon in the contract, while the functions and powers of the state are not.

It can be the object of the contract, so that the civil servant cannot be blessed as an employee.

At present, China adopts a model of separate legislation for civil servants and non-civil servants, and the labor relations of civil servants are regulated by the State Civil Servants Law and other laws.

Compare with the civil service staff.

For example, the Labor Law also does not apply to the staff of social organizations such as workers, youth, and women. 2

Rural laborers (also known as agricultural laborers, farmers).

There is no doubt that peasants belong to the category of laborers, but whether peasant labor relations are caused.

The adjustment of the Labor Law is very controversial.

At present, the attitude of the legislation is that rural laborers determine their rights and obligations through household production contracts, and that the relationship between peasants and villagers' committees is not a labor relationship and is not regulated by the "Labor Law." However, if as.

Labor relations formed between employees of township enterprises or peasants who have gone to urban areas to work and do business, and corresponding enterprises and employers.

It should still be within the scope of application of the Labor Law.

3 Active-duty military personnel.

Soldiers who are serving in the service shoulder the heavy responsibility of defending the motherland and the safety of the people.

Therefore, any country stipulates that the Labour Code does not apply to active military personnel. 4

Family babysitter. Whether the labor law is applicable to domestic nannies varies from country to country, and some countries stipulate that domestic nannies are subject to labor.

5 Law. However, most countries stipulate that labor laws do not apply to domestic nannies, and the same is true in our country. Teachers, doctors, etc.

Whether the Labor Law applies to the workers of the employer

Generally speaking, in public institutions, those who have graduated from colleges and technical secondary schools or above have a certain level of technology or knowledge.

The people working in the literacy positions are all cadres (including teachers and doctors).

But according to the current related.

According to the provisions of laws, rules and regulations, a large number of workers in public institutions such as teachers and doctors do not belong to them.

In the case of civil servants, it is not the same as those who are subject to the civil service system, and at the same time, it is not regulated by the Labour Law.

Employees of public institutions that implement the labor contract system.

In this way, these workers are in line with the employer.

The relationship between them is in a state of irreconcilability, and the resulting disputes are also unavailable.

In order to fill the above gaps, the Ministry of Personnel of the People's Republic of China has issued a policy to deal with labor between public institutions and their employees.

However, the promulgation of the provisions is only an act of the relevant departments on the part of the authorities, and cannot be objectively triggered.

to the role of resolving disputes between public institutions and their staff.

Because of the arbitration institutions established in accordance with the provisions.

The award rendered is not legally enforceable, and there is no substantive legal basis for the award of the dispute.

All labor relations are regulated by the labor law, and there is no circumstance that does not belong. Labor relations are not subject to the adjustment of labor law.

The main thing is to look at the labor contract.

Civil servants and some of the personnel of public institutions with reference to the Measures for the Administration of Civil Servants shall be subject to the Civil Servants Law.

Employees of public institutions and enterprises who are not managed by reference to civil servants, freelancers, and self-employed persons shall refer to the Labor Contract Law.

First, teachers (in preparation) are also applicable to the labor law, but not to the labor contract law, but to the civil service law.

Second, the Labor Law and the Labor Contract Law are two different laws, which many people will confuse, among them: the Labor Law applies to all workers within the territory of the People's Republic of China, while the Labor Contract Law applies to all employees in enterprises and public institutions not managed by civil servants, and civil servants and public institutions are subject to the Civil Servants Law.

Third: This is the problem of China's current multi-track system of retirement and pension: civil servants, public institutions are in the preparation (refer to the management of civil servants), and enterprise retirees, of which civil servants are fully funded by the government, and public institutions are currently subject to self-payment and financial subsidies, while the enterprise part can only be paid.

Because the Labor Law regulates the relationship between ordinary employers and workers, teachers have a career establishment and have formulated relevant laws and regulations according to their own special circumstances.

The number of people in the system is within the scope of adjustment of the Civil Servants Law.

Yes, public institutions fall within the scope of adjustment of the personnel law.

Zongheng Legal Network-Guangdong Prometheus (Guangzhou) Law Firm-Yang Yanguo lawyer.

Article 2 of the Labor Contract Law This Law shall apply to enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People's Republic of China (hereinafter referred to as "employers") that establish labor relations with employees and conclude, perform, modify, dissolve or terminate labor contracts.

The conclusion, performance, modification, dissolution or termination of labor contracts by state organs, public institutions, social organizations and workers with whom they have established labor relations shall be executed in accordance with this Law.

Content from the user: 魑魅卡蒔卡.

The scope of adjustment of China's labor law.

1. Geographical scope: within the territory of China.

2. Scope of parties: employer; Laborer.

The Labor Law is a comprehensive law regulating labor relations, but it does not include all labor relations in the scope of adjustment.

According to the provisions of Article 2 of the Labor Law and the Explanation of Several Articles of the Labor Law issued by the former Ministry of Labor of the People's Republic of China, the Labor Law regulates the following scope of labor relations from the perspective of the main body of labor relations:

Enterprises, individual economic organizations and workers who form labor relations with them within the territory of the People's Republic of China.

State organs, public institutions, social organizations and workers with whom they have established labor contract relations.

1.Scope of Employers:

An employer generally refers to an organization that can sign labor contracts in accordance with the law, use labor and pay labor remuneration.

From the above provisions, it can be seen that the term "employer" in the Labor Law includes enterprises, individual economic organizations, state organs, public institutions, and social organizations.

1) Enterprise: An enterprise refers to an economic unit engaged in the production, circulation or service activities of products that implements independent economic accounting. In accordance with the provisions of Article 2 of the Labor Law, the Law applies to all enterprises in the territory of the country. Two conditions are required.

Taking the enterprise within the territory of our country as the boundary, this has nothing to do with the country of investment of the enterprise.

The enterprise has been approved and registered in accordance with the business administration regulations and has obtained a business license.

Including: corporate enterprises and unincorporated enterprises; state-owned enterprises and non-state-owned enterprises; Domestic-funded enterprises and foreign-related enterprises, etc., or state-owned, collective, foreign-funded, joint venture, joint venture, private, joint-stock system, etc. Undertakings.

Public institution organizations refer to social service organizations organized by state organs or other organizations using state-owned assets for the purpose of social welfare, and engaged in education, science and technology, culture, health, and other activities. Such as: ** and local news, publishing, film,

1. The object of adjustment of the labor law: it is the labor relationship and other relationships closely related to the labor relationship.

Labor relations refer to the relationships between people in the process of social labor, and labor relations regulated by the Labor Law refer to the social relations between workers and their units in the process of realizing social labor.

Other relationships that are closely related to labor relations are also subject to adjustment by the Labor Law, mainly including: relationships related to the management of the labor force; social insurance relations; handling certain relationships arising from labor disputes; the relationship between the trade union organization and the administration of the unit; The relationship between the supervision and inspection of the implementation of the Labor Law by the relevant state organs.

2. Scope of application of the Labor Law to persons: The Labor Law stipulates that the Labor Law shall apply to enterprises, individual economic organizations and workers who have formed labor relations with them within the territory of China.

State organs, public institutions, social organizations, and workers who have formed labor relations with them shall be subject to the Labor Law.

It is the labor relationship and other relationships that are closely related to the labor relationship.

It is suitable for all areas related to labor relations.

As long as it can be proved that there is an employment relationship between them, it is sufficient.

Students do not have the qualifications of labor and employment.

No. It should be an employment relationship.

Yes, as long as you are under the age of 16.

According to the principle that lex specialis prevails over general law, the contract law of civil law is a general law, while the labour law is a lex specialis, so in the case of labor disputes, the labour law should be applied first, and the contract law can only be applied if there are no provisions in the labour law.

It belongs to the category of civil law and is civil law in a broad sense.

The Labor Law regulates the labor relations formed by enterprises, individual economic organizations and their workers, and the labor relations formed by state organs, public institutions, social organizations and workers through labor contracts.

System. Copy labor.

Relationships refer to the process of social labor in which people are attacked.

The relationship between each other refers to the social relationship between the worker and the employer in the process of realizing social labor. According to Article 2 of the Labor Law, "This Law shall apply to enterprises, individual economic organizations and workers who have formed labor relations within the territory of the People's Republic of China.

State organs, public institutions, social organizations, and workers with whom they have established labor contract relations shall be subject to this Law. It can be known that the scope of labor relations regulated by the Labor Law includes: the labor relationship between enterprises, individual economic organizations and their employees within the territory of the People's Republic of China; Labor relations between state organs, public institutions, social organizations and workers with whom they have established labor contract relations.

Other relationships that are closely related to labor relations are also subject to adjustment by the Labor Law, mainly including: relationships related to the management of the labor force; social insurance relations; handling certain relationships arising from labor disputes; the relationship between the trade union organization and the administration of the unit; The relationship between the supervision and inspection of the implementation of the Labor Law by the relevant state organs.