What Is The Difference Between Labor Agreement And Labor Contract?
Labor contract
It is the employing unit that signs the labor contract directly with the laborer.
The employee who has signed a labor contract is working in a unit with his own labor contract.
Service contract
The employer is not directly signing the labor contract with the laborer, but signing the employment contract with the professional labor dispatching company. The employment contract is the labor contract.
At this time, the employing unit is actually a unit of employment.
At this time, there is no labor contract relationship between the laborers and the employing units. The laborers are to identify the labor contracts with the dispatched companies and the labor contracts with the sending companies.
The main difference is "
Employing
"And"
recruit and use
"
Difference
。
Specifically,
Labor contract and labor contract are two kinds of contracts of different nature.
The first difference is, first of all, in terms of nature, the labor contract is adjusted by the labor law, and the labor contract is similar to providing labor services, in fact, it is a sales contract, which is adjusted by the general principles of contract law and civil law.
The second difference is that labor contract is the principle of distribution according to work, and labor contract is an equivalent exchange.
The third difference is that the labor contract consists of two parts, the statutory provisions and the agreed terms. The statutory provisions contain insurance related to the employees, and there is no insurance on the labor contract.
The fourth difference is that if there are some illegal situations in the labor contract, the labor department has the right to manage, such as the labor law enforcement team.
Labor contract, if there is a dispute, then directly to the court to prosecute, the labor contract requires a labor arbitration, if this labor arbitration after the result is no longer, and then to the court to prosecute, from this procedure is like this.
The fifth difference is that if there are some illegal situations in the labor contract, it may involve three responsibilities, one is administrative responsibility, the other is liability for compensation, and the other is criminal liability, restricting personal freedom. For example, if you do not let you out after entering the factory, you may be liable to criminal liability, and the labor contract generally bears only civil liability, that is, the payment of labor expenses.
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