What is the difference between labor law and contract law?

Are you talking about the difference between labor law and labor contract law? The Labor Contract Law mainly focuses on the adjustment of the employment contract relationship. For example, such as the signing procedure and content of the labor contract, the performance of the labor contract, and so on.

The Labor Law stipulates the laws that regulate labor relations. In addition to the content regulated by the Labor Contract Law, the Labor Law also includes various legal relationships that exist without signing an employment contract.

The Labor Law is the law that regulates labor relations, mainly (the Labor Law of the People's Republic of China); Contract law is a branch of civil law, which is composed of civil law, and is a law that regulates the property relations and personal relations between citizens, legal persons, and citizens and legal persons as equal subjects.

What you are asking is the difference between labor law and labor contract law?

1. The names of the Labor Contract Law and the Labor Law are different. The full name of the former is the Labor Contract Law of the People's Republic of China, and the full name of the latter is the Labor Law of the People's Republic of China.

2. The legislative background of the two is different. The labor law is a law that arose in the initial tension of labor relations in our country during the transition from a planned economy to a market economy; The law of labor contract is a law that arose when China's market economy was gradually maturing and labor relations were very tense. The labor law is the benchmark of labor legislation in the 20th century, and the labor contract law is the inevitable result of the development of labor relations in China in the 20th century, and is the inevitable requirement for the superstructure to build a socialist harmonious society.

3. The legislative purposes of the two are not identical. Article 1 of the Labor Law clearly states that in order to protect the legitimate rights and interests of laborers, adjust labor relations, establish and maintain a labor system suitable for the socialist market economy, and promote economic development and social progress, this Law is formulated in accordance with the Constitution and clearly puts the rights and interests of laborers in the first place; The labor contract law is to protect the legitimate rights and interests of both parties to the labor contract;

4. Adjust the difference between objects. A general term for the legal norms governing labor relations and social relations closely related to labor relations under the Labor Law; Labor Contract Law, as a legal department, is the general term for the legal norms that regulate labor contract relations.

Legal basisArticle 88 of the Labor Law of the People's Republic of China.

Trade unions at all levels safeguard the legitimate rights and interests of workers in accordance with the law, and supervise employers' compliance with labor laws and regulations.

Any organization or individual has the right to report and accuse for violations of labor laws and regulations.

The differences between labor law and labor contract law are as follows:

1. Labor law is a general term for the legal norms that regulate labor relations and other relationships closely related to labor relations;

2. Labor Contract Law refers to the law on labor contracts, which is divided into broad and narrow senses, and the labor contract law in the broad sense generally refers to the general term of all legal norms on labor contracts;

3. The Labor Law is the benchmark law in the legislative system of labor security, the legislative basis of the Labor Contract Law, and the parent law of the Labor Contract Law.

4. The full name of the "Labor Contract Law" and the "Labor Law" are different, the full name of the former is the "Labor Contract Law of the People's Republic of China", and the full name of the latter is the "Labor Law of the People's Republic of China".

Labor Contract Law of the People's Republic of China

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 an employer formulates, amends, or decides 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 benefits, employee training, labor discipline, and labor quota management, it shall discuss these issues 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 14 An indefinite-term labor contract refers to a labor contract in which the employer and the employee agree on an indefinite termination time.

The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation. In any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:

1) The worker has worked for the employer for 10 consecutive years;

2) When the employer implements the labor contract system for the first time or the state-owned enterprise restructures and re-concludes the labor contract, the worker has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age;

3) Where two fixed-term labor contracts are concluded consecutively, and the labor contract is renewed without the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law.

If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee Senlu have concluded an indefinite labor contract.

Legal analysis: From the perspective of the legislative purpose and legislative content of the two, the content of the labor law is relatively extensive, mainly for the purpose of adjusting labor relations, involving social insurance, working hours, wage calculation methods, labor dispute resolution methods, etc. The content of the labor contract is more detailed and specific, mainly to improve the labor contract system and better protect the legitimate rights and interests of employees through the conclusion, performance, modification and termination of the labor contract.

From the perspective of the relationship between the two, the labor law is the legislative basis of the labor contract law.

Legal basis: Article 1 of the Labor Law of the People's Republic of China: This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of laborers, adjust labor relations, establish and maintain a labor system adapted to the socialist market economy, and promote economic development and social progress.

Article 1 of the Law of the People's Republic of China on Labor Contracts: This Law is formulated in order to improve the labor contract system, clarify the rights and obligations of both parties to the labor contract, protect the legitimate rights and interests of workers, and build and develop harmonious and stable labor relations.

In the current practice of accepting letters for labor disputes, the application of the Labor Contract Law is relatively common. There are also some views that the Labor Law has been replaced by the Labor Contract Law.

In view of the current situation, it is believed that it is necessary to sort out the relationship between the two laws so as to reduce misunderstandings in practical application. So, what is the difference between labor law and labor contract law?

What is the difference between labor law and labor contract law?

At present, in judicial practice, China adopts the model of "neither before nor behind", "neither big nor small", and "simultaneous use" of the two laws. The difference between the two can be analyzed from the following perspectives:

1. The conceptual difference between the Labor Law and the Labor Contract Law:

Labor law is a general term for the legal norms that regulate labor relations and other relationships closely related to labor relations. Labor law is an important independent department in China's socialist legal system.

The Labor Contract Law refers to the law on labor contracts, which is divided into broad and narrow senses. In a broad sense, the employment contract law generally refers to the general term of all legal norms related to labor contracts. In a narrow sense, the Labor Contract Law refers to the current Labor Contract Law of the People's Republic of China.

The Labor Law is the benchmark law in the legislative system of labor security and the legislative basis of the Labor Contract Law. It can be said to be the parent law of the Labor Contract Law.

2. Different stages of legislation.

The Labor Law was enacted at a time when the planned economy was transitioning to a market economy, and the problem it faced with solving was the employment tension that had emerged. The Labor Contract Law was enacted at a mature stage of the market economy, and it is faced with resolving diversified employment disputes.

3. The legislative purpose is different.

The legislative purpose of the Labor Law is to safeguard the labor system and focus on protecting the legitimate rights and interests of workers. The legislative purpose of the Labor Contract Law is to improve the labor contract system, focusing on clarifying the rights and obligations of both parties to the labor contract. In essence, the Labor Contract Law is relatively fair, and the principle of "focusing on the protection of workers" has been adjusted to a certain extent compared with the Labor Law.

4. The adjustment object is different.

The Labor Law covers almost all aspects of labor and employment, while the Labor Contract Law is aimed at the refinement and improvement of the content of the special chapter on labor contracts in the Labor Law. Although both were promulgated by the Standing Committee of the National People's Congress, the Labor Contract Law can be understood as a separate law, and the Labor Law can be understood as the basic law or the parent law in the field of labor.

The distinction between the Labor Law and the Labor Contract Law should be distinguished through the above four aspects, and in practice, the application of the two should also be treated differently. But in general, the two complement each other and are indispensable.