What is the difference between an employment agreement and an employment contract?

The difference between an employment agreement, also known as a labor contract, and an employment contract is mainly in terms of legal basis and main content. According to the provisions of the Labor Contract Law of the People's Republic of China, the labor contract must be a written contract, and if a written contract is not signed, it is deemed that there is no contract, and the enterprise has violated the labor law, and the employee can get compensation for resigning accordingly. According to the Contract Law of the People's Republic of China, a labor contract can be either a written contract or an oral contract.

[Legal basis].

Article 10 of the Labor Contract Law of the People's Republic of China 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.

There is a clear legal basis for an employment contract, and Article 2 of the Labor Contract Law stipulates that the Labor Contract Law shall apply to the conclusion, performance, modification, dissolution or termination of an employment contract between an employer and an employee. Labor agreements are not based on current laws in force;

In general, a labor agreement is a supplementary agreement to an employment contract.

Article 2 of the Labor Contract Law stipulates that 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") establish labor relations 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 with whom they have established labor relations shall be executed in accordance with this Law.

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.

1. The laws and regulations used are different and the rules and regulations on labor and personnel issued by the labor and personnel department are applicable. At present, there is no basis for the employment agreement, and the "Interim Regulations on the Employment of Graduates of Ordinary Colleges and Universities" and relevant policies issued by the Ministry can only be used.

2. The labor contract is an agreement between the employee and the employer to establish the labor relationship, as long as the two parties reach an agreement through consultation, comply with the laws and administrative regulations of the state, and there is no fraud, coercion and other means, and the contract is signed and sealed by both parties, the contract will come into effect. However, in addition to the current employment agreement, which is signed and sealed by both graduates and employers, the university still needs to intervene. Although the school is not a party to the main body and does not sign as a party to the agreement, the school, as the party to the visa registration, must stamp the agreement, and the agreement that has not been verified and registered by the school will not be included in the student employment plan.

The employment department of the university graduates supervises the employment agreement, with the aim of protecting the interests of students and employers, maintaining the seriousness of the agreement, and ensuring the validity of the agreement. In addition to the signature and seal of the graduate, the employer and the school, the employment agreement must also be signed and sealed by the competent department at the higher level of the employer.

3. The applicable personnel labor contract can be applied to all kinds of personnel, all citizens of the People's Republic of China, as long as they have the ability to work and meet the conditions prescribed by law, after the supply and demand meeting, two-way selection, once hired, can sign a labor contract with the employer. The employment agreement is only applicable to college graduates and graduate students.

4. According to the provisions of the Labor Law, the content of the labor contract includes 7 necessary clauses (which have been described in detail in Xunhao Prefecture above), in addition, the parties can negotiate and agree on other contents, and the terms are very complete. In contrast, the terms of the employment agreement are relatively simple, mainly because the graduates truthfully introduce themselves to the employer, and are willing to report to the employer within the specified period and obey the employer's arrangement; The employer truthfully introduces the situation of the employer to the graduates, and agrees to hire the graduates.

5. The signing time is different, and the general employment agreement is signed before the employer, which is signed by the former college graduates in the process of finding a job and after the employer is confirmed; The labor contract is signed after the graduate reports to the employer. After the successful two-way selection of graduates, both parties will sign an employment agreement, which will be registered and confirmed by the school, and after graduation, they will officially report to the employer that signed the employment agreement with the school registration card. After the student reports to the employer, the two parties shall conclude a labor contract in accordance with the relevant laws, regulations and the terms of the employment agreement, and go through the relevant employment procedures.

Once the employment contract is concluded, the employment agreement is automatically terminated. Of course, this is not to say that the terms of the original agreement are useless. The relevant clauses in the employment agreement, including the contract period, service period, and benefits, which comply with the labor law, shall be used as the basis for signing the employment contract.

The differences between an employment agreement and an employment contract are as follows:

1. The applicable subjects are different: the labor contract is an agreement between the employee and the employer to establish a labor relationship, as long as the two parties reach a consensus through consultation, comply with national laws and administrative regulations, and there is no fraud, coercion and other means, and the contract is signed and sealed by both parties, the contract will take effect. However, in addition to the current employment agreement, which is signed and sealed by both graduates and employers, the university still needs to intervene.

2. The labor contract can be applied to all kinds of personnel, all citizens of the People's Republic of China, as long as they have the ability to work and meet the conditions prescribed by law, after the supply and demand meeting, two-way selection, once hired, they can sign a labor contract with the employer. The employment agreement is only applicable to college graduates and graduate students.

3. The content of the contract is different: according to the relevant regulations, the content of the labor contract includes 7 necessary clauses, in addition, the parties can negotiate and agree on other contents, and the terms are very complete. The general employment agreement is signed before the former college graduates are in the process of finding a job and after the employer is confirmed; The labor contract is signed after the graduate reports to the employer.

[Legal basis].Article 19 of the Law of the People's Republic of China on Labor.

The employment contract shall be concluded in writing and shall have the following provisions:

1) The term of the labor contract;

2) the content of the work;

3) Labor protection and working conditions;

4) remuneration for labor;

5) Labor discipline;

6) the conditions for the termination of the labor contract;

7) Liability for violating the labor contract.

In addition to the necessary clauses provided for in the preceding paragraph, the parties may negotiate and agree on other contents of the labor contract.

Article 20. The duration of an employment contract is divided into a fixed term, an indefinite term, and a term for the completion of a certain amount of work.

If an employee has worked for the same employer for more than 10 consecutive years and both parties agree to renew the labor contract, if the employee proposes to conclude an indefinite labor contract, an indefinite labor contract shall be concluded.

What is the difference between an employment agreement and an employment contract? The difference between an employment agreement and an employment contract According to the content of the agreement, the employment agreement can be either an employment contract or an employment contract. If the content of the employment agreement complies with the provisions of the Labor Contract Law, it is essentially an employment contract, and there is no difference between the two, but the name is different.

If the content of the employment agreement complies with the provisions of the Contract Law, it is essentially an employment contract, and the differences between it and the labor contract are as follows: 1. The subject is different. The subject of the labor contract includes the employer and the employee, and the employee and the employer have the subordination and dependence of status.

The legal status of the subject of the employment contract is completely equal to that of the land, etc., independent of each other, and does not have the subordination and dependency of identity. 2. The rights and obligations of the parties to the contract are different. In the labor contract, the existence of the legal relationship of labor is relatively stable, and the employer has the obligation to pay social insurance such as endowment insurance, medical insurance, and unemployment insurance for the employee; In employment contracts, however, they are less stable and employers are not obliged to pay social insurance for their employees.

Third, the burden of risk is different. In the labor relationship, if the employee "causes injury in the performance of his duties", the employer shall bear civil liability. In the employment relationship, if "the employee causes injury to another person in the course of employment activities", the employer shall be liable for compensation in accordance with Article 9 of the Judicial Interpretation on Personal Injury. If an employee causes damage due to intentional or gross negligence, he shall be jointly and severally liable with the employer for compensation; If the employer bears joint and several liability for compensation, it may recover compensation from the employee.

To sum up, the employer does not want to purchase insurance for the employee, so it can sign an employment contract with the "employee". Do you understand this explanation?