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Is Labor Agreement The Same As Labor Contract?
Because the employees who master the key technology formula leave without saying good-bye, the enterprise has suffered huge economic losses. Recently, a private enterprise owner in Wenzhou, Zhejiang, filed a job hopping employee and filed a claim for damages of 3 million 300 thousand yuan. It is understood that this "up to date lawsuit" with the largest amount of compensation so far has been mediated by the local labor dispute arbitration committee of Wenzhou. In June 1, 2002, Wang Xinshou Wenzhou Heli Leather Co., Ltd. of Daxian, Sichuan Province, was hired as assistant chief engineer of the company. In January 7, 2003, in order to retain talents, the company and Wang Xin signed a "technical personnel partnership agreement", which agreed that Wang Xin could be a technology partner and the cooperation period was 5 years. In July 1, 2003, Wang Xin took a leave from Heli company on the grounds of going home to visit relatives, and he did not come to work five or six months later. After the company investigation, Wang Xin switched to Wenzhou Huatai Leather Co., Ltd. as technical director. In this regard, Wenzhou Heli Leather Industry Co., Ltd. Wang Xin on the labor dispute arbitration committee, asked him to compensate for the economic losses of 3 million 300 thousand yuan. Wang Xin believed that what he did was not illegal. He signed a technical cooperation agreement with Heli company, which is not a labor contract. The most controversial point in the lawsuit falls on the question of whether the agreement is equivalent to the labor contract. Lawyer Kim Ying Chun of Zhejiang Tianyi law firm believes that the agreement is not the same as the labor contract. He said that when employing a unit to sign a labor contract, it must be specific and specific, and the parties involved in breach of contract must also be specific.
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2008/4/17 0:00:00
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