Labor contracts and agreements, labor agreements and labor contracts

Full-time or part-time.

Legal analysis: The legal responsibilities borne by labor contracts and labor agreements are different, if the main law involved in the signing of labor contracts is the Labor Law, the labor arbitration is required, while the disputes arising from labor agreements can be individuals or organizations, 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.

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 labor contract if they reach a consensus through consultation.

According to Article 40 of the Labor Contract Law, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of this Law or the first paragraph of Article 41;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or raises the labor contract and renews the labor contract under the agreed conditions, and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

According to Article 40 of the Labor Contract Law, the employee may be terminated after paying an additional month's salary: Article 47.

If it is less than six months, the worker shall be paid half a month's salary.

If the company wants to dismiss you, you will have to pay compensation for the termination of the labor contract, at least half a month's salary, even though you have only maintained an employment contract relationship with the company for one day.

Li Zhengzheng, the Shifo Legal Service Confession Office, Zhongyuan Juye District, Zhengzhou City, respects the people, and wishes you happiness and health.