The difference between an employment contract and an employment agreement and how to protect your ri

There is no substantive difference between an employment contract and an employment agreement. In the event of a dispute, if the negotiation fails, apply to the labor dispute arbitration commission where the company is located for arbitration.

Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

The employment agreement is just a contract signed by the employer when the college graduates have not yet graduated, binding both the employer and you, you can also use it to go through the graduation procedures, all are standard contracts, there is mainly a breach of contract clause, if you want to find another unit, do not agree on liquidated damages or agree less, if you feel that the unit is good, you can ask for a higher one. When you go to work in the company after graduation, you have to sign a labor contract within one month, and the employment agreement will be invalid, and there are many places to pay attention to in the labor contract. If there's anything you don't know, you can keep asking me.

The employment agreement is an employment contract. （）

a.That's right. b.Mistake.

Is selling the bend to answer the case of boredom: b

Legal analysis: First, the subjects of the employment agreement are the graduates, the employer and the school; A labor contract is signed between the employee and the employer in accordance with the law in accordance with the principle of equality and voluntariness, and only the employee and the employer shall conclude a written labor contract to establish a labor relationship. Second, the employment agreement is based on departmental regulations issued by the Ministry of Education, and the employment contract is based on the Labor Law and the Labor Contract Law.

Third, the employment agreement is generally signed before the student graduates, and the formal signing of the employment contract can only be done after graduation.

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.

Legal analysis: 1. The employment agreement is a tripartite agreement, which has basically the same role as the labor contract; 2. The employment agreement has one more function than the labor contract, that is, the role of the school in counting the employment rate; 3. The employment agreement shall stipulate the working hours, place and content of the employee in accordance with the provisions of the Labor Contract Law.

Legal basis: Article 7 of the Labor Contract Law of the People's Republic of China stipulates that the employer shall establish an employment relationship with the employee from the date of employment. The employer shall establish a roster of employees for future reference.

Article 8 of the Labor Contract Law of the People's Republic of China When an employer recruits a worker, it shall truthfully inform the worker of the work content, working conditions, work location, occupational hazards, work safety status, labor remuneration, and other information required by the worker; The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it.