How to identify the greasy nature of the labor contract and how to determine whether it is an employ

There is a difference in the labor contract, understand it, and reduce the risk.

Legal analysis: The labor contract shall have the following clauses: (1) the name, domicile and legal representative or principal responsible person of the employer; (2) The worker's name, address, and resident ID card or other valid identification number; (3) The term of the labor contract; (4) The content of the work and the place of work; (5) Working hours, rest and vacation; (6) Labor remuneration; (7) Social insurance; (8) Labor protection, working conditions and occupational hazard protection; (9) Other matters that shall be included in the labor contract as provided by laws and regulations.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the contract for the dismantling of the sedan car by reaching a consensus through consultation.

Summary. If the labor contract is concluded in accordance with the law after consultation between the employer and the employee, and its terms are complete and reasonable, and both parties sign or seal the contract, it can be determined that the labor contract is genuine; If it does not meet the above conditions, it is generally false.

If the labor contract is concluded in accordance with the law after consultation between the employer and the laborer, and the terms and conditions are complete or reasonable, and both parties sign or seal the contract, it can be determined that the labor contract is genuine; If it does not meet the above conditions, it is generally false.

My son and daughter signed a live broadcast contract with the live broadcast brokerage state demolition company, and the contract stipulates that the live broadcaster must broadcast live for 7 hours a day on the Huya live broadcast platform, with no less than 27 days per filial piety month and 3 years of live broadcast.

That must be an employment contract.

A live streaming contract is an employment contract.

Specifically, it depends on the details of the contract, whether there is an agreement to work there.

An employment contract is an agreement between an employee and an employer that establishes an employment relationship and specifies the rights and obligations of both parties. The live broadcast belongs to the contract signed between the live broadcaster and the live broadcast company.

If there is no daily and monthly live broadcast time, only 3 years of live broadcast is specified, is it considered a labor contract?

That's right. Just ask for a signing.

There is no specific place to work.

The live broadcast time and the number of days of live broadcast are the content agreed in the contract.

Already working in the way of the method these are all contractual contents.

When my daughter signed the live broadcast contract, she was still a sophomore in college and did not get her graduation certificate.

You are not allowed to sign an employment contract before you have a graduation certificate.

Now the brokerage company is suing my daughter, saying that she is in breach of contract and has to accompany a lot of liquidated damages to her grandson, I think this combination is absolutely invalid, because the students in the school do not have the main qualifications of laborers, can not move freely, can not freely dispose of their own labor force, in the field, college students can not completely work like this.

Yes, those who have not yet obtained the graduation certificate are still students and do not have the qualifications to sign labor contracts under the Labor Law.

It is also an invalid contract.

When I defended myself, I pointed out that the contract was an invalid Gao Dou contract, and asked the arbitration to revoke the contract, and only refund the contract amount of the brokerage company, without paying liquidated damages.

OK. Void of the contract entered in, request arbitration to set aside the contract.