What's the difference between a labor contract and a labor contract?

The main differences are different in nature, subject qualification, subject treatment, employer's obligations and applicable laws, as follows:

First, the nature is different.

1, labor contract

Labor contract refers to the civil service contract provided to the society in the form of labor, which is an agreement reached by all parties on the basis of equal consultation on a certain service and labor results.

2. Labor contract

A labor contract refers to an agreement between a laborer and an employer to establish a labor relationship and clarify the rights and obligations of both parties.

Second, the subject qualification is different.

1, labor contract

Both parties to a labor contract may be legal persons, organizations and citizens at the same time, or citizens and legal persons and organizations.

2. Labor contract

The subject of a labor contract can only be a legal person or an organization, that is, an employer, and the other party must be an individual worker. The subjects of a labor contract cannot all be natural persons.

Third, the treatment of the subject is different.

1, labor contract

Natural persons in labor relations usually only get paid for their work.

2. Labor contract

Workers in labor relations not only receive wages, but also receive insurance and welfare benefits.

Fourth, the obligations of employers are different

1, labor contract

The employer of a labor contract generally has no such obligation. Of course, the above contents may or may not be agreed upon by both parties.

2. Labor contract

The performance of labor contracts runs through the whole process of state intervention. In order to protect workers, the Labor Law stipulates many obligations for employers, such as paying social insurance for workers, and the wages paid by employers shall not be lower than the minimum wage set by the local government. These legal obligations must be fulfilled and cannot be changed through consultation.

Five, the applicable law is different

1, labor contract

Labor contracts are mainly regulated by civil law and economic law.

2. Labor contract

Labor contracts are regulated by the Labor Law and the Labor Contract Law.

Baidu Encyclopedia-Labor Contract