The employment agreement is formulated by the Department of College Students of the Ministry of Education, which is a written contract for college graduates to sign an employment agreement in the process of employment. The basis of the labor contract is the Labor Contract Law.
2. Different purposes:
The employment agreement mainly reflects the situation and opinions of graduates, employers and schools. The purpose of a labor contract refers to an agreement between a laborer and an employer such as an enterprise or institution to establish labor relations and clarify the rights and obligations of both parties.
3. Different contents:
The content of the employment agreement is mainly that graduates introduce themselves truthfully and express their willingness to work in the employer. The employer expressed its willingness to accept graduates, and the school agreed to recommend graduates and send them into the employment plan. The content of labor contract involves labor remuneration, labor protection, work content, labor discipline, etc., which is more specific and labor rights and obligations are more clear.
4. At different times:
The employment agreement was made before the labor contract was signed.
5. Different time limits:
The employment agreement only refers to the written contract for students to work in the employer after graduation. A labor contract shall be concluded in written form, and the contract shall specify the terms of the contract, work contents, labor protection and working conditions, labor remuneration, labor discipline, termination of the contract, etc. , and is legally binding on both parties.
Extended data:
Employment agreement and labor contract are written agreements signed by employers when recruiting graduates, but they are divided into two interrelated stages.
The parties who sign the employment agreement must have legal subject qualification. For graduates, it is necessary to obtain graduation qualifications. If a student fails to obtain the graduation qualification at the time of dispatch, the employer may refuse to accept it and will not bear legal responsibility.
Both parties to the employment agreement have equal legal status when signing the employment agreement, and one party may not impose its will on the other.
Labor contract is the basic form of establishing labor relations. It is a common practice all over the world to regard labor contract as the basic situation of establishing labor relations.
Labor contract is an important means to promote the rational allocation of labor resources. The employing unit may, according to the depth of business or the needs of work, determine the conditions and methods of employing workers, sign different types of labor contracts with different terms, give full play to the expertise of workers, and rationally use the labor force.
Labor contracts are conducive to avoiding or reducing labor disputes. The labor contract clearly stipulates the rights and obligations of the laborer and the employer, which is both a guarantee and a constraint for both parties to the contract, which is helpful to improve the consciousness of both parties to perform the contract and urge both parties to correctly exercise their rights and strictly perform their obligations.
Baidu Encyclopedia-Employment Agreement
Baidu Encyclopedia-Labor Contract