What does it mean in the contract to sign a job employment contract and be included in the establis

Sign a job contract.

Being included in the establishment management means that you become a permanent employee, rather than a temporary worker, dispatch worker, labor worker, etc. Enjoy all the benefits and entitlements of this institution.

1. Sign the post employment contract and include it in the establishment management, and under normal circumstances, the career editor.

It's all about signing contracts.

1) The employment contract does not determine the employment relationship.

Rather, it is a personnel relationship, so it is not subject to the Labor Contract Law.

constraints; 2) The labor contract is determined by the labor relationship with the employer and is subject to the Labor Contract Law.

2. The employment contract is concluded between the institution and the employee in accordance with the relevant laws and policies of the state, on the basis of equality, voluntariness and consensus, on the performance of relevant work duties.

Agreement on the relationship of rights and obligations.

As a form of contract, the employment contract has the common legal characteristics of general contracts, which are mainly manifested in the following aspects:

An employment contract is a legal act in which both parties express the same intentions.

and not a unilateral legal act. The conditions for the establishment of the employment contract are the same as those for the general contract, and the employment contract will only be established when the public institution and the personnel to be hired have the same intention and reach an agreement voluntarily

The legal status of both parties in the employment contract is equal, which is the premise for both parties to freely express their will, and it is also an important basis for both parties to realize their rights and obligations. A public institution is the employing party, but this does not mean that the legal status of the unit is higher than that of the employing personnel, and it can arbitrarily impose its will on the other party.

3. If the labor contract has a formal model, it is made by the labor and social security department, and the employer wants to sign the contract only after receiving it, but the employment contract and other labor-related contracts are also valid.

4. The employment system of public institutions, that is, the employment relationship between public institutions and employees is determined by signing employment contracts, and the responsibilities, rights and obligations of both parties are clarified. Its basic characteristics are scientific posting, equal competition, full employment, strict assessment, and contract management.

To put it simply, the person concerned has become a regular employee of the unit.

The business staff all sign a contract, but this is an employment contract, and what it determines is not the labor relationship, but the personnel relationship, so it is not subject to the "Labor Contract Law", while the contract worker signs the labor contract, and the labor relationship with the unit is determined by the "Labor Contract Law".

That's the difference between being prepared and not being made. Because you have a personnel relationship with the unit, your treatment is a unified allocation from the state, and the treatment is about 3 times that of contract personnel.

This is because the personnel relationship between you and the employer is not subject to the Labor Contract Law, while the employment relationship between contract personnel, labor dispatch personnel, and temporary personnel and the employer is subject to the Labor Contract Law. Therefore, it is not possible to require equal pay for equal work with the staff under the Contract Law.

Therefore, the personnel who are not in the establishment sign the employment contract, and the personnel who are not in the establishment sign the labor contract.

Legal analysis: including, in the establishment is within the establishment, some civil servants are recruited through employment, and the career staff are all signed contracts, but the hired personnel are different from the general labor contract, which determines not the labor relationship, but the personnel relationship, so they are not subject to the "Labor Contract Law", while the contract worker signs the labor contract, and the labor relationship with the unit is determined by the labor relationship, and is subject to the "Labor Contract Law".

Legal basis: Article 105 of the Civil Servants Law of the People's Republic of China: Where a dispute arises between an appointment civil servant and the organ to which he or she belongs, he or she may apply for arbitration within 60 days from the date of the dispute. The competent departments for civil servants at or above the provincial level shall establish personnel dispute arbitration committees as needed to accept arbitration applications.

The Personnel Dispute Arbitration Commission is composed of representatives of the competent department for civil servants, representatives of the employing organs, representatives of civil servants under the appointment system, and legal experts. If a party is dissatisfied with the arbitral award, it may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. If one party fails to perform the arbitral award after it takes effect, the other party may apply to the people's court for enforcement.

Legal analysis: Whether a public institution signs an employment contract or not, it is divided into two situations, one is an on-the-job employee and the other is a new recruit. The success of the on-the-job employees in the implementation of the post employment system and the competition for posts means that they have entered the staff.

When a new recruit signs an employment contract with a public institution, he or she is a non-staff contract and can never use the establishment. Formal on-the-job employees of public institutions: Public institutions have tried to implement the management of the employment system for all employees, and have carried out various pilot projects in some provinces, cities, counties, and townships to worship God, including the "county management and school employment" system of Zhongxiaocha Primary School in Shandong and other places.

When public institutions implement the post employment system, they first approve the posts of the units, the establishment and the personnel participating in the competition, and the posts and establishments are corresponding. As with the recruitment of civil servants and public service personnel, the number of personnel who need to be hired is determined according to the position and establishment situation, and how many positions and establishments are there before how many personnel can be hired.

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

Article 21 A probationary period may be stipulated in a labor contract. The probationary period shall not exceed 6 months.

Article 22 The parties to the labor contract may stipulate in the labor contract matters related to the protection of the employer's trade secrets.

Article 23 The labor contract shall be terminated upon the expiration of the term of the labor contract or the occurrence of the conditions for termination of the labor contract agreed upon by the parties.

Article 24 A labor contract may be terminated upon the agreement of the parties to the labor contract.

Legal Analysis: The employment contract system is not a business establishment. The employment contract system is an agreement system in which the employing unit and the hired person establish an employment relationship and clarify the rights and obligations of both parties. Once the employment contract is signed, it is legally binding.

Legal basis: Labor Contract Law of the People's Republic of China Article 2 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 a labor chain 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 who have established labor relations with them shall be executed in accordance with this Law.

The above is for the employment contract of the teacher in preparation.

Some of the labor contracts are part of the establishment, and some are not.

There are three types of employment contracts: fixed-term employment contracts, employment contracts for the completion of a certain amount of work, and employment contracts for special treatment.

1. Fixed-term employment contract. Employment contracts are divided into short-term, medium- and long-term contracts.

2. Completion of the employment contract. It refers to the time for the completion of a certain work, project, subject or project as the starting and ending conditions of the employment contract, and the date on which the work begins is the date on which the contract takes effect, and the date on which the work ends is the date on which the contract terminates.

3. The employment contract for special care is also known as an indefinite term labor contract. For a person who has worked in the unit for 25 years or more or has worked continuously for 10 years or more and is less than 10 years away from the retirement age prescribed by the state, and proposes to conclude a contract of employment until retirement, the employing unit shall enter into a contract with him for employment until the retirement of the personnel.

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

When formulating, revising or deciding on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, employee training, labor discipline and labor quota management, the employer shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing.

In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees deem it inappropriate, they have the right to propose it to the employer and revise and improve it through consultation.

The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee. Article 10 A written labor contract shall be concluded for the establishment of labor relations.

If a labor contract 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.

It shall be included in the establishment of the corresponding public institution and shall be managed by a contract employment system. Is there a compilation.

The term "inclusion in the establishment of the corresponding public institution and the implementation of the contract employment system management" usually refers to the fact that the public institution will include some positions in the establishment and formally hire them through the relevant Chengzhou first order, but the form of employment is still the contract employment system. In this case, the position is staffed, but the employment contract of the hired person is still a contract with a fixed term, generally ranging from one to three years. At the same time, this kind of contract employment management method must also meet the relevant laws and policies, such as paying social insurance for hired personnel in accordance with national and local policies.

Therefore, the positions are established, but the employment relationship of the hired personnel is still contractual.

1. Several circumstances for signing a labor contract

The relevant clauses of Chapter 4 "Employment Contracts" of the Regulations on the Personnel Management of Public Institutions stipulate that the period of employment contracts between public institutions and staff members shall generally not be less than three years, and only three circumstances can the employer terminate the employment contract. There is an essential difference between the signing of an employment contract by a public institution and the signing of a labor contract or labor contract between an ordinary enterprise and the employed object.

1. Absenteeism for more than 15 working days or more than 30 days in 1 year;

2. Fail the annual assessment and do not agree to adjust the position, or fail the annual assessment for two consecutive years;

3. Received the punishment of expulsion.

2. The difference between contracts signed by public institutions and general units

1. Before signing the contract, in addition to the relevant information to be verified by the human resources and social security, and to handle the record, personnel and salary relations, it is also necessary to prepare for the use of the license. The objects of other contracts are all non-staff, and there is no need to compile and list, nor do they need to report to the human resources and social security department, and the unit itself has the final say on whether to use people or not, and whether to sign the contract or not.

2. If a public institution signs an employment contract with a staff member who is in trouble, this contract is not the other contract, and the Labor Contract Law does not apply, but implements the personnel management regulations of the public institution, and only if the above regulations cannot be resolved, will the Labor Contract Law be sought. However, the labor contracts, labor contracts, and employment contracts signed between other units and employees are all under the jurisdiction of the Labor Contract Law.

3. The employment contract of public institutions is generally signed every three years. Because there is almost no risk of layoffs, the personnel departments of many units neglect the link of signing contracts in order to save trouble, so that many personnel in the establishment of undertakings think that they do not need to sign contracts. However, there is no minimum guarantee period for other units to sign labor contracts with employees, which can be signed every three years or one year.

No matter how many years you sign it, as long as you don't sign a contract for one year in the middle, it means that you will be laid off, not only will you not be able to get your salary, but you will also be unable to pay social security and provident fund. The validity of a contract is very different from that of an employment contract of a public institution.

4. When public institutions recruit staff, the nature of the unit and the employment of the post will generally be indicated in the recruitment announcement, and special emphasis will be placed on the details such as "signing the employment contract according to the regulations" after hiring, which also proves the connection between the employment contract and the establishment of the public institution from the side.