What are the qualifications of an employer and what can be an employer

The qualifications of both parties to the employment relationship must be confirmed. Among them, the main qualification of the enterprise employer is that it must have a business license issued by the administrative department for industry and commerce; Public institutions must have the registration certificate of legal person of public institutions issued by the personnel department; Social groups must have a registration certificate issued by the civil affairs department. The main qualification of a worker is mainly an ID card to prove whether he or she has the capacity for labor rights (whether he is at least 18 years old or 16 years old, and mainly relies on his own ability to support his or her non-school students) and labor capacity (such as physical disability, intellectual disability, etc.).

The first is to stipulate that a branch established by an employer "may enter into a labor contract with an employee as an employer if it obtains a business license or registration certificate in accordance with the law". In other words, such branches can directly employ employees as the employing entity, conclude, perform, modify, dissolve and terminate labor contracts in the name of the branch in accordance with the law, and act as the administrative counterpart and party in the name of the branch in the labor security supervision and labor dispute settlement. At the same time, according to the General Principles of the Civil Law, the Company Law and other legal provisions, if the branch cannot independently bear all legal liabilities, the established employer shall bear the responsibility.

The second is to stipulate the branches established by the employer"If a person fails to obtain a business license or registration certificate in accordance with the law, he or she may conclude a labor contract with the employee upon the entrustment of the employer"。In other words, such branches cannot be directly employed as the main body of employment, only.

The employer can be entrusted by the employer to conclude, perform, modify, dissolve or terminate the labor contract in accordance with the law in the name of the employer, and in the labor security supervision and labor dispute settlement, the employer shall be the administrative counterpart and party, and the legal liability arising therefrom shall be borne by the established employer.

The following entities can act as employers:

1. Enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People's Republic of China;

2. Partnership organizations such as accounting firms and law firms established in accordance with the law;

3. State organs, public institutions, and social organizations may become employers in labor relations if they conclude, perform, modify, dissolve or terminate labor contracts with workers other than non-civil servants and non-establishment personnel.

A branch that has obtained a business license may conclude a labor contract with the employee alone. The employer and the branch are both listed as defendants, and the sub-payment institution bears the employment responsibility, and the employer bears supplementary liability. A branch that has not obtained a business license shall sign a labor contract in the name of the employer with the authorization of the employer.

The employer shall bear the responsibility for employment.

In the event of a dispute between a worker and an employer that has not applied for a business license, has had its business license revoked, or continues to operate after the expiration of its business period, the employer or its investors shall be listed as a party. Where an employer that has not applied for a business license, has had its business license revoked, or continues to operate after the expiration of its business period, and borrows another person's business license to operate by means of affiliation, etc., the employer and the lender of the business license shall be listed as the parties.

In the process of establishing a company, if a labor dispute arises, the company under establishment is not the employer, and the promoter bears the employment responsibility; After the successful establishment of the company, due to the disputes arising during the establishment of the company, the company shall be the employer, and the company shall bear the employment responsibility.

Legal basis] Company Law of the People's Republic of China

Article 7 A business license shall be issued by the company registration authority for a company established in accordance with the law. The date of issuance of the company's business license is the date of incorporation of the company.

The company's business license shall indicate the company's name, domicile, registered capital, business scope, name of legal representative, and other matters.

If there is a change in the items recorded in the company's business license, the company shall go through the change registration in accordance with the law, and the company registration authority shall renew the business license.

An employer is an employer that has the right to employ people and the ability to employ people, uses labor force to organize production labor, and pays wages and other labor remuneration to workers. In the 21st century, employers who are subject to the Labor Law include:Enterprises, individual economic organizations, private non-enterprise units, state organs, public institutions, and social organizations.

Pay attention to the distinctionEmployerswithEmployers

1. The meaning is different.

The employer is the entity that accepts the employment in the form of labor dispatch in the labor dispatch agreement. An employer refers to an entity that has the ability to employ rights and behaviors, uses labor force to organize production and labor, and pays wages and other labor remuneration to workers.

2. The relationship is different.

There is no employment relationship between the employer and the dispatched worker. State organs, public institutions, and social organizations refer to units that establish labor relations with other employees through labor contracts or through labor contracts.

3. Obligations are different.

The employer shall fulfill the following obligations: implement national labor standards and provide corresponding working conditions and labor protection; Inform the dispatched worker of the work requirements and remuneration; Pay overtime pay, performance bonuses, and provide job-related benefits; Provide on-the-job dispatched workers with the necessary training for their jobs; In the case of continuous employment, the normal wage adjustment mechanism shall be implemented. The most basic characteristics of an employer, as the main body of the employer as stipulated in the Labor Contract Law, are twofold:

The first is to be legally established, and the second is to have a certain organizational structure and property.

Legal Analysis: An employer refers to an entity that has the ability to use human rights to make profits and to employ people, use labor force to organize production labor, and pay wages and other labor remuneration to workers. Employers include:

Enterprises, individual economic organizations, state organs, public institutions, and social organizations.

Legal basis: Labor Contract Law of the People's Republic of China Article 2 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 (hereinafter referred to as "employers") that 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 who have established labor relations with them shall be executed in accordance with this Law.

Employing units refer to enterprises and individual economic organizations within the territory of the People's Republic of China that have established labor relations with workersPrivate non-enterprise unitsand other organizations.

State organs, public institutions, and social organizations.

When establishing an employment relationship with an employee, it is also considered to be an employer.

This Law shall apply to enterprises, individual economic organizations, private non-enterprise organizations and other organizations within the territory of the People's Republic of China (hereinafter referred to as "employers") that establish labor relations with workers and conclude, perform, modify, dissolve or terminate labor contracts.

An employer refers to a unit that has the capacity to employ rights and behavior, uses labor force to organize large-scale weaving production labor, and pays wages and other labor remuneration to the labor imitation shirts. In the 21st century, employers who are subject to the Labor Credit Law include: enterprises, individual economic organizations, private non-enterprise units, state organs, public institutions, and social organizations.

There are different types of employers in our country:

1. Enterprises registered in accordance with the law in China: including various ownership natures and various organizational forms, such as state-owned enterprises, collectively owned enterprises, private enterprises, foreign-invested enterprises, Hong Kong, Macao and Taiwan.

Enterprises, mixed enterprises, joint-stock enterprises, joint ventures, township enterprises, etc.

2. Individual economic organizations that have been approved and registered in accordance with the law. That is, individual industrial and commercial households that have obtained business licenses in accordance with the law.

Individually-owned businesses can hire helpers and take apprentices.

3. Institutions established in accordance with the law, including various units such as culture, education, health, and scientific research, such as schools, hospitals, publishing houses, etc. It has the right to use workers within the scope of its authority under national law.

4. State organs established in accordance with the law: they have the right to use laborers within the scope of their authority prescribed by law.

5. Social groups established in accordance with the law.

Including trade unions and women's federations.

Research associations, associations and other social organizations. Social organizations established in accordance with the law have the right to use laborers within the scope of their authority as prescribed by law.

Relevant legal basis of the employer.

Labor Contract Law of the People's Republic of China

Article 2 Enterprises, individual economic organizations, and non-enterprise units within the territory of the People's Republic of China are disguised as non-enterprise units.

This Law shall apply to organizations (hereinafter referred to as "employers") that establish labor relations with employees, and to 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.

At the present stage of China's labor law, the employers of returning to Zen are as follows:

1. Companies.

2. Self-employed.

3. Intermediary companies, 4. Public institutions.

5. Schools. 6. Plant and buried mine.

7. Accounting company.

8. Investment companies.

9. State-owned enterprises.

10. Banks.

11. Securities company.

12. Security, cleaning, property, construction, real estate companies.

13. Agricultural cooperatives.

14. Tax Accountant Office.

15. Partnership law firms.

16. **Subordinate companies.

The employers in China's current labor law include the following units:

1. Companies.

2. Self-employed.

3. Intermediary companies, 4. Public institutions.

5. Schools. 6. Factories and mines.

7. Accounting company.

8. Investment companies.

9. State-owned enterprises.

10. Banks.

11. Securities company.

12. Security, cleaning, property, construction, real estate companies.

13. Agricultural cooperatives.

14. Tax Accountant Office.

15. Partnership law firms.

16. **Subordinate companies.

The employers in China's current labor law include the following units:

1. Companies.

2. Self-employed.

3. Intermediary companies, 4. Public institutions.

5. Schools. 6. Factories and mines.

7. Accounting company.

8. Investment companies.

9. State-owned enterprises.

10. Banks.

11. Securities company.

12. Security, cleaning, property, construction, real estate companies.

13. Agricultural cooperatives.

14. Tax Accountant Office.

15. Partnership law firms.

16. **Subordinate companies.

An employer's capacity for employment rights and conduct shall arise from the time of its lawful establishment and shall be extinguished from the time of its lawful revocation. In the 21st century, employers applying the Labor Law include: enterprises, individual economic organizations, state organs, public institutions, and social organizations.

Among them, enterprises refer to all enterprises within the territory of China, including: corporate enterprises and unincorporated enterprises, state-owned enterprises and non-state-owned enterprises, domestic enterprises and foreign-funded enterprises; Individual economic organizations refer to individual industrial and commercial households that have been registered with industry and commerce and employ employees; State organs, public institutions, and social organizations refer to units that establish labor relations with other employees through labor contracts or through labor contracts.