What are the main similarities and differences between employment contracts and labor contracts?

The employment contract is generally applicable to the employment contract signed between the staff of a public institution and the public institution, and the labor contract is mainly an employment contract signed between the employing unit and the employee who has established a labor relationship. The main aspects are as follows: 1. The scope of application is different.

The employment contract is a product of the reform of the personnel system of public institutions, and the content of the employment contract system reflects the employment system of public institutions to realize the production of material products through the conclusion of labor contracts. Public institutions are organizations engaged in non-production and business activities, and the fruits of labor realized through the conclusion of employment contracts are mainly expressed in spiritual products and knowledge products. 2. The degree of intervention is different.

Market entities, which are also different from enterprises that have become independent market entities in the course of reform. The state still exercises macroeconomic management over public institutions in some important aspects, which is mainly manifested in the following aspects: (1) Establishment management.

Public institutions that are funded by the state still implement strict establishment management; (2) Expense management. Since the founding of the People's Republic of China, public institutions have always inherited the management methods of administrative organs, and all funds have been allocated by the state. (3) Wage system.

The wages and remuneration paid by public institutions to their hired personnel are mainly paid in accordance with the standards set by the state. 3. The management and supervision departments are different. In accordance with the division of functions of various departments, public institutions and enterprises are respectively guided and supervised by the Ministry of Personnel and the Ministry of Labor and Social Security.

4. The specific system of employment contract reflects the nature and characteristics of public institutions. An employment contract is a contract concluded in accordance with state regulations, and both parties must comply with relevant state regulations when concluding, modifying or terminating the contract. The specific system of employment contract reflects the difference between the internal organizational structure and management system of public institutions and enterprises.

5. The subject of dispute resolution is different. Generally, the dispute settlement unit of the employment contract is the local establishment management department or personnel management department. The labor contract is the labor arbitration department or the court of the human resources and social security department.

6. The applicable laws are not identical. The employment contract is governed by the Labor Contract Law, while the employment contract is subject to the Labor Contract Law only if there are no other laws and regulations. Hope it helps!

Legal analysis: 1. All for the purpose of paying labor services;

2. Both are continuing contracts;

3. Both are paid contracts;

4. Both are promised contracts. 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 that establish labor relations with workers and conclude, perform, modify, dissolve or terminate labor contracts.

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

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

Article 83 Where an employer violates the provisions of this Law by agreeing on a probationary period with a worker, the labor administrative department shall order it to make corrections; If the probationary period has been fulfilled in violation of the agreement, the employer shall pay compensation to the employee according to the period that has been performed beyond the statutory probationary period, based on the monthly salary of the employee who has completed the probationary period.

1. Employment contract What are the similarities between employment contracts The main similarities between employment contracts and employment contracts are that they are both for the purpose of paying for services. The purpose of these two types of contracts is the act of the employee (employee) providing services to the employer according to the agreement, not to realize the expected benefits of the employer. Both are continuing contracts, two-way paid contracts, and promise contracts.

1. All for the purpose of paying labor services. The purpose of these two types of contracts is the act of the employee (employee) providing services to the employer according to the agreement, not to realize the expected benefits of the employer. 2. Both are continuing contracts;

As a contract for the payment of services, the payment of services by the employee cannot be a one-time payment, and the payment must be continued during the duration of the contract, so it is a continuing contract. 3. Both are paid contracts; In both types of contracts, the employee must provide services according to the contract, the employer must pay the remuneration according to the contract, both parties have obligations, and the obligations of both parties are of a value nature, and either party has to pay a price for obtaining rights from the other party.

4. Both are promised contracts. These two types of contracts can be established and effective after the parties have expressed their unanimous intentions, and the delivery of one of the parties is not a condition for their validity, so they are promised contracts. 1. The main body is different.

This is the biggest difference between an employment contract and an employment contract. In the employment contract, the law does not have special restrictions on the subject of the contract, and natural persons, legal persons, and partnerships can all be employed persons; Article 2 of the Labor Law stipulates that the employer of the labor contract, i.e., the employer, includes enterprises, individual economic organizations, state organs, public institutions, and social organizations that have established labor contract relations with employees. 2. Different forms.

The law does not require the form of an employment contract, and according to the provisions of the Civil Code, it can be either a written contract, an oral contract, or a non-formal contract. According to Article 476 of the Labor Law, a labor contract in China shall be in written form. 3. Different ways to resolve disputes.

As a kind of civil contract, in the event of a dispute, the parties can directly file a lawsuit with the people's court, and if there is an arbitration clause in the employment contract, they should apply to the arbitration commission selected by both parties for arbitration. In order to file a lawsuit with the people's court for a dispute arising from a labor contract, the parties must first apply to the labor dispute arbitration commission (not the arbitration commission mentioned above) with jurisdiction, and only those who are dissatisfied with the arbitral award can file a lawsuit with the people's court, and the parties cannot choose whether to arbitrate or whether to arbitrate or whether to arbitrate. To sum up, the employment of a broad escort and the labor contract are essentially a constraint on the labor relationship between the employee and the employer, and the positioning of both parties to the contract is the same, and it may involve economic exchanges between the two parties, and there are also agreements and commitments to the other party, but there are still certain differences in the way the two are concluded.

1) The history of the two is different. The history of employment contract is long, since the existence of social exploitation of slaves, there has been an employment relationship in human labor relations, and with the need for labor exchange, employment has gradually emerged. The labor contract was developed on the basis of the employment contract of the seventeenth century, when the capitalist commodity economy was more developed.

2) Different in nature. An employment contract is a contract under which an employee provides services to an employee; An employment contract is a labor contract between an employer and an employee that determines the employment relationship.

3) The purpose is different. The purpose of an employment contract is to provide labor services, which is centered on the employer's "ownership" of the employee and "control" over the employee, while the employment contract is centered on the "person" of the employee who provides the labor service, and the purpose is to make the employee an internal member of the employer.

4) The degree of state intervention varies. The employment contract is more of a reflection of the agreement of the parties and the result of the consensus of the parties, with less state intervention; However, the labor contract reflects more of the state's intervention in the contract between the parties, and makes special provisions on the procedures for concluding the contract, the obligations of the employer, the working conditions, labor protection, the minimum wage, and the termination of the contract, mainly focusing on the special protection of those who work like prosperity.

5) The subjects and their relationships are different. In the labor contract, one party is the employee and the other party is the employer, and the employer is a legal person or social organization, and its scope of application is limited to the employment of the employer, and the employee must abide by its internal rules and regulations after becoming an internal member of the employer, and must undertake a certain type of work or position, and there is a "special subordinate relationship" between the employee and the employer, and the employee's labor must be "under the condition of a high degree of obedience to the employer". An employment contract can be either a citizen and a business entity, or a rubber, where both parties are citizens and the employee is not a member of the employer.

The services provided by employment are so extensive that any legally regulated service may be applied to an employment contract.

6) The legal adjustment is different. Causes and adjustments of labor contracts; The employment contract should be subject to civil law adjustments. At present, China has not made clear provisions on it, and the general principles of civil law and contract law are applicable.

7) The procedures for handling disputes are different. In the event of a dispute arising from an employment contract, the judicial authority can only intervene after the pre-arbitration procedure, and the dispute shall be handled in accordance with the provisions of the Labor Law and the Labor Contract Law, and the arbitration institution or court may rule that the employer shall continue to perform the labor contract; Similarly, the termination of a contract should follow certain legal procedures. In the event of a dispute over an employment contract, the court may directly accept the dispute and apply the provisions of the Civil Law. There are no special procedures for termination, and both parties can terminate the employment relationship at any time.