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

The change of the employer's name, legal representative, principal responsible person or investor does not affect the performance of the labor contract.

Legal analysis

In the event of a merger or division of an employer, the original labor contract shall continue to be valid, and the labor contract shall continue to be performed by the employer that inherits its rights and obligations. Severance shall be paid to the worker according to the number of years of service in the employer 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.

An employment contract is an agreement between an employee and an employer that establishes an employment relationship and specifies the rights and obligations of both parties. According to this agreement, workers join enterprises, individual economic organizations, public institutions, state organs, social organizations and other employers, become a member of the unit, undertake certain types of work, positions or positions, and abide by the internal labor rules and other rules and regulations of the employer. Necessary Clauses of the Labor ContractBefore signing an employment contract with the employer, graduates should know the basic contents of an employment contract:

The name, domicile and legal representative or principal responsible person of the employer; The worker's name, address, and resident ID card or other valid identification number; the duration of the employment contract; the content of the work and the place of work; working hours, rest and leave; remuneration for labor; Social insurance; Miscellaneous. The employer must sign a contract with the employee who implements the probationary period system during the probationary period, and sign a labor contract with the employee only after the expiration of the probationary period.

Legal basis

Article 10 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China If an employee is assigned to work in a new employer from the original employer for reasons other than his/her own, the employee's years of service in the original employer shall be counted as the number of years of service of the new employer. If the original employer has already paid severance to the employee, the new employer shall not count the employee's working years with the original employer when calculating the number of years of service for which severance is paid when the labor contract is terminated or terminated in accordance with the law.

Labor Contract Law of the People's Republic of China

Article 33 The change of the name, legal representative, principal responsible person or investor of an employer shall not affect the performance of the labor contract.

Article 34 In the event of a merger or division of an employer, the original labor contract shall continue to be valid, and the labor contract shall continue to be performed by the employer that inherits its rights and obligations.

1. What does contract translation mean?

1. The translation of the project contract belongs to the transfer of the project, which is illegal. The winning bidder shall perform its obligations in accordance with the contract and complete the bid-winning project. The winning bidder shall not transfer the winning project to others, nor shall the winning project be dismembered and transferred to others.

In accordance with the contract or with the consent of the tenderer, the winning bidder may subcontract part of the non-main and non-critical work of the winning project to others for completion.

2. Legal basis: Article 59 of the Regulations for the Implementation of the Tendering and Bidding Law of the People's Republic of China.

The winning bidder shall perform its obligations in accordance with the contract and complete the bid-winning project. The winning bidder shall not transfer the winning project to others, nor shall the winning project be dismembered and transferred to others.

In accordance with the contract or with the consent of the tenderer, the winning bidder may subcontract part of the non-main and non-critical work of the winning project to others for completion. The person receiving the subcontract shall meet the corresponding qualifications and shall not subcontract again.

The winning bidder shall be responsible to the tenderer for the subcontracted project, and the person receiving the subcontract shall be jointly and severally liable for the subcontracted project.

2. What are the main contents of the construction contract?

1. It mainly includes: project overview, contract duration, quality standards, contract price and form, project manager, contract document composition, commitment and contract entry into force conditions;

2. Specifically, it also includes: general agreement, employer, contractor, supervisor, project quality, safe and civilized construction and environmental protection, construction period and schedule, materials and equipment, test and inspection, change, adjustment, contract, measurement and payment, acceptance and project commissioning, completion settlement, defect liability and warranty, breach of contract, force majeure, spine insurance, claims and dispute resolution. In practice, we recommend using the model text published by the Ministry of Housing and Urban-Rural Development or the text reviewed by a lawyer to regulate the rights and obligations of both parties.

Legal Analysis: There is no translation contract. It should be a contract subcontract.

Legal basis: Article 10 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China If a worker is assigned to work in a new employer from the original employer for reasons other than his/her own, the working period of the worker in the original employer shall be calculated as the working period of the new employer. If the original employer has already paid severance to the employee, the new employer shall not calculate the period of service of the employee in the original employer when the employee is terminated and terminated in accordance with the law to calculate the working period for the payment of severance compensation.

If a laborer has signed an illegal labor contract with the company, it may be deemed invalid or partially invalid by the labor dispute arbitration institution or the people's court. If the labor contract signed by both parties is confirmed to be invalid and the employee has already paid the labor, the employer shall pay the labor remuneration to the employee.

Labor Law of the People's Republic of China Article 2 This Law shall apply to enterprises and individual economic organizations (hereinafter referred to as employers) within the territory of the People's Republic of China and the workers who have formed labor relations with them. State organs, public institutions, social organizations, and workers with whom they have established labor contract relations shall be subject to this Law.

Legal Analysis: The translation of the labor contract can be refused. If the employer needs to negotiate with the employee in advance to transfer the employment relationship with the employee, the employee may terminate the employment relationship with the employer on the grounds that the content of the employment contract has changed significantly, and may request the payment of severance compensation.

If the employee agrees, the agreement should be signed with the employee again.

Legal basis: Article 40 of the Labor Contract Law of the People's Republic of China In any of the following circumstances, 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 employee is sick or injured not due to work, and cannot perform the original job or work arranged by the employer after the expiration of the prescribed medical treatment period; (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.