What is the difference between a formal contract and a labor contract?

The difference between one word and a world of difference!

1) The legal nature of the two is different. The labor contract is the basis for establishing the labor relationship, which records the rights and obligations of both the employer and the employee, and belongs to the scope of labor law adjustment. Labor contracts (such as contracting, processing, transportation, etc.) are the basis for establishing civil legal relations and belong to the scope of civil law adjustment.

2) The subject of the contract is different. One of the main parties of the labor contract is the employee, and the other party must be the employer; A service contract can occur between a citizen and a legal person, as well as between a citizen or a legal person.

3) In the stage of contract performance, the status of the two parties is different. After the labor contract is signed, the employee becomes an internal member of the employer and shall obey the employer's command and management of the labor process, and his labor is regarded as a part of the employer's total labor, and the relationship between the two is subordinate. In a labor contract, there is no subordinate relationship between the parties (e.g., between the contractor and the contractor), and the two parties are always independent and equal subjects, and at the same time perform their contractual obligations in their own names.

4) The content of the contract is different. The content of the employment contract stipulates that the employer provides the employee with working conditions, and the work performed by the employee is part of the entire labor process, while one party to the labor contract does not necessarily provide the other party with working conditions.

5) The principles for determining remuneration are different. In the labor contract, the employer pays labor remuneration according to the quantity and quality of labor, and implements the principle of distribution according to work; In the labor contract, the remuneration is generally paid according to the principle of equal compensation.

Legal basis] Article 10 of the Labor Contract Law A written labor contract shall be concluded to establish a labor relationship.

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.

What are the differences between a labor contract and an employment contract, as follows:

1. The nature of the contract is different. 2. The purpose of the contract is different. 3. The degree of state intervention varies.

4. The subject and its relationship are different. 5. Different legal adjustments. The labor contract is regulated by the labor law; Employment contracts are regulated by civil law.

6. The procedures for handling contract disputes are different.

Legal analysis: 1. The degree of legal intervention is different. The labor remuneration paid due to the labor contract is called wages, which is distributed according to work, and the wages with cavity lead are subject to the provisions of laws and regulations in addition to the amount agreed by the parties themselves, such as the minimum wage and wage payment methods; The labor remuneration paid in the labor contract is called the labor fee, which is mainly negotiated by the parties themselves** and the payment method, etc., and the national law does not interfere too much.

2. The applicable law and dispute resolution methods are different. The labor contract is a type of civil contract, which is regulated by the Civil Law and the Civil Code, so disputes arising from the labor contract shall be heard by the people's court; However, labor contract disputes are adjustments under the Labor Law, which require the adoption of pre-arbitration procedures.

Legal basis: Interpretation (III) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases

Article 7 Where an employment dispute arises between an employer and a person who has been entitled to pension insurance benefits or received a pension in accordance with the law, and a lawsuit is filed with the people's court, the people's court shall handle it in accordance with the labor relationship.

Article 8 Where an enterprise has a person who is on leave without pay, a retired employee who has not reached the statutory retirement age, a laid-off person who is waiting for work, and a person who is on a long leave of absence for the purpose of an enterprise's operational suspension of production, and initiates a lawsuit with the people's court in accordance with law due to an employment dispute with a new employer, the people's court shall handle it in accordance with the labor relationship.