What Is The Difference Between "Labor Contract" And "Labor Contract"?

From the most general point of view, labor contracts are the contracts to be paid, such as contract of contract, entrustment contract, safekeeping contract and employment contract. It can be defined as: Service contract It is a contract type based on labor service, which includes contract, capital construction contract, spanportation contract, technical service contract, entrustment contract, trust contract and intermediary contract.

　 Labor contract and Labor contract This is obvious. Difference :

1, the nature of the contract is different. The employment contract is a contract for the servant to provide service for the employer; the labor contract is a labor employment contract that determines the labor relationship between the employer and the laborer.

2, the purpose of the contract is different. The purpose of the employment contract is to provide labor services. The purpose of the employment contract is to control the employer's labor behavior as the subject matter of the contract, while the labor contract takes the laborers as the internal members of the employing units.

3, the degree of intervention by the state is different. The employment contract is more reflected in the autonomy of the parties. It is the result of the parties' consensus and the degree of state intervention is relatively small. In addition to the autonomy of the parties, the labor contract reflects the state intervention. The labor law stipulates the procedures for the conclusion of the contract, the obligations of the employer, the working conditions, the labor protection, the minimum wage, the rescission of the contract, and so on, which reflects the state's special protection for laborers.

4, the subject and its relationship are different. One of the labor contracts is a laborer and the other is the employer. The scope of application is limited to the unit's employment. After becoming the internal member of the employing unit, laborers must abide by their internal rules and regulations, and must bear certain jobs or duties. The labor contract does not possess the above characteristics.

5, the legal adjustment is different. The labor contract is adjusted by the labor law, and the employment contract should belong to the civil law adjustment. Although the contract law does not explicitly stipulate it, civil law is used to adjust it in judicial practice.

6, contract dispute handling procedures are different. When a dispute arises in the labor contract, the dispute shall be dealt with in accordance with the provisions of the labor law, and the arbitration organ or court may judge the employing unit to continue to perform the labor contract. Similarly, the dissolution of the contract shall follow certain legal procedures. When a dispute arises in the employment contract, the court may directly accept the application and apply the provisions of the civil law. If there is no special procedure, the two parties may terminate the employment relationship at any time.

What is a labor contract?

The sixteenth provision of the labor law stipulates that the labor contract is an agreement between the laborer and the employer to establish labor relations and clarify the rights and obligations of both parties.

Labor contract and labor contract are two kinds of contracts which are easily confused. Both are contracts which are paid by people's labor. The labor contract stipulates in accordance with the sixteenth provision of the labor law "the agreement between the laborers and the employing units in establishing labor relations and defining the rights and obligations of both parties". Labor contracts usually refer to employment contracts.