Is the labor agreement a labor relationship or an employment relationship?

A labor agreement is an employment contract, not a labor contract. Labor contracts are protected by labor laws and regulations, and only by contract law. Labor agreement is an ordinary employment relationship, not a labor relationship, but a contractual relationship. Labor contracts are labor relations, and labor relations have an obvious feature that they are managed and managed. On the question of whether a labor agreement belongs to a labor contract, the following is Bian Xiao's detailed answer.

1. Is the labor agreement a labor contract?

1. The labor agreement is an employment contract, not a labor contract. Labor contracts are protected by labor laws and regulations, and labor contracts are only protected by contract law.

2. Labor service agreement is the general relationship between employment and being employed, not the labor relationship, but the contractual relationship; Labor contracts are labor relations, and labor relations have an obvious feature that they are managed and managed.

3. Legal basis: People's Republic of China (PRC) Labor Contract Law.

Article 10 To establish labor relations, a written labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

Second,

Is the confidentiality agreement a labor contract?

1. When signing a labor contract, the employer may add a confidentiality clause to the contract. According to Article 23 of the Labor Contract Law of People's Republic of China (PRC), the employer and the employee may agree in the labor contract to keep the business secrets of the employer and confidential matters related to intellectual property rights.

2. In practice, enterprises can also sign confidentiality agreements with employees, as an annex to the labor contract, as an integral part of the labor contract. Without a labor contract, a separate confidentiality agreement does not belong to a labor contract. Arbitration or litigation due to labor disputes may produce confidentiality agreements as evidence to prove labor relations.

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