What is the difference between an employment contract and a labor agreement? Please, 3Q

An employment contract and a labor agreement are basically the same concept. 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.

In the labor law relationship, there is also an employment agreement, which is not equivalent to an employment contract. For example, after signing the "Graduate Employment Agreement", the two parties have not established a real labor relationship, the rights and obligations of both parties in the labor process have not been performed, and the behavior of both parties is not subject to the adjustment of labor laws and regulations.

Legal analysis: The legal responsibilities borne by labor contracts and labor agreements are different, if the disputes arising from the signing of labor contracts mainly involve the law of the Labor Law, which requires the employee to conduct labor arbitration, while the disputes arising from the promotion of the labor agreement can be an individual or an organization.

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 If the employer and the worker reach a consensus through consultation, the employer may terminate the labor contract.

The main differences between a labor agreement and an employment contract are as follows: the subject of employment is different, the subject of employment contract can only be a natural person, while the employer of a labor agreement can be a natural person or an individual organization.

If the legal liability borne by the labor contract and the labor agreement is different, if the dispute arising from the signing of the labor contract mainly involves the law of the Labor Law, the employee is required to conduct labor arbitration, while the dispute arising from the labor agreement can be an individual or an organization, and the main management agency involved in the legal procedure is the people's court, which is a civil complaint.

The individual to be hired is different from the individual employed by the labor contract, which can only be an enterprise, that is, an organization with the right to operate independently registered with the relevant institution, while the employer can be an individual or an enterprise with the right to operate independently under the labor agreement.

When recruiting, enterprises can choose to sign labor contracts or labor agreements according to different types of work, so as to avoid unnecessary labor disputes, and the employees who sign labor contracts are legally regular employees of the enterprise, and the labor agreement legally belongs to the temporary personnel or organizations hired by the enterprise in order to complete a certain job, and the two are equal.

Employees who sign labor contracts must be implemented in accordance with the rules and regulations of the enterprise, and accept the performance appraisal of the enterprise and the rewards and punishments of the enterprise, while the employees of the labor agreement may not comply with the rules and regulations of the enterprise, but must complete the corresponding work content in accordance with the requirements of the enterprise.

Then in the normal employment of the enterprise, the human resources of the enterprise will also have the need for temporary employment, then the legal requirement of hourly workers is that the working hours can not exceed 4 hours a day, and the working hours of a week cannot exceed 24 hours, so that employees can be employed by multiple enterprises at the same time, and the enterprise can not pay insurance and some social benefits for them, and the enterprise is paid in an hourly manner, and the way of payment is cash.

The labor agreement is only an agreement signed by the company and the employee privately, which is not protected by the labor law, and the labor contract is a contract stamped and effective by the labor department, which is protected by law, so the biggest difference between the labor agreement and the labor contract is the official seal of the labor bureau.

1.An employment contract is a contract that binds the employer and the employee, and when the contract is established, an employment relationship is established between the employer and the employee, which is protected by the labor law. The labor contract is a kind of economic contract, and when the contract is established, the unit and the party providing the labor service form a contractual civil legal relationship, which is regulated by the Contract Law and the General Principles of the Civil Law.

2. The employee cannot establish another labor relationship with another employer during the period of employment in the employer. The party that provides labor services to the employer may provide labor services to another unit and sign another labor contract (unless agreed by both parties).

3. Workers in the labor contract are entitled to medical treatment, welfare, insurance and other benefits stipulated in the labor law. The party providing the services in the labor contract is not entitled to the above benefits.

Extended Materials. According to the first paragraph of Article 16 of the Labor Law of the People's Republic of China (hereinafter referred to as the "Labor Law"), a labor contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties.

According to this agreement, workers join enterprises, individual economic organizations, public institutions, state organs, social organizations and other employers, become a member of the unit, undertake certain types of work, positions or positions, and abide by the internal labor rules and other rules and regulations of the employer.

There is a big difference between the two as the employer should arrange the work of the hired worker in a timely manner, pay the labor remuneration according to the quantity and quality of the work provided by the employee, and provide the necessary working conditions in accordance with the provisions of the labor laws and regulations and the provisions of the labor contract, so as to ensure that the employee enjoys labor protection, social insurance, welfare and other rights and treatments.

1. The labor contract is a contract that binds the employer and the employee, and when the contract is established, the employer and the employee establish an employment relationship, and the employee cannot establish another labor relationship with another unit during the employment period of the employer;

2. The labor agreement is a kind of economic contract, and when the contract is established, a civil legal relationship is formed between the party providing labor services and the simply omitted position.

Legal basisArticle 3 of the Labor Contract Law of the People's Republic of China.

Workers enjoy the right to equal employment and choice of occupation, the right to receive remuneration for labor, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other rights to work and socks as prescribed by law.

Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.

Article 4. Employers shall establish and improve rules and regulations in accordance with the law to ensure that workers enjoy labor rights and fulfill labor obligations.

What is the labor contract termination process?

1. Reach an agreement, and the two parties reach an agreement on the basis of voluntary and equal consultation;

2. Work handover, the employing department arranges employees to handle the work handover in accordance with relevant regulations;

3. Settlement of salary and economic compensation, after the employee completes the handover of work, the financial department shall settle and pay the employee's salary, if the company proposes to terminate the contract, it shall also settle and pay the economic compensation for the employee's good work.