Companies and employees should sign labor contracts. There are five insurances and one gold in a labor contract, but there are generally no five insurances and one gold in a labor contract. In labor relations, there are general obligations and obligations between workers and employers: employers should handle social insurance for workers, labor risks should be borne by employers, and workers should abide by the internal rules and regulations of employers. These incidental obligations do not exist in labor relations. The difference between the two is that in terms of labor remuneration and social security benefits, workers in labor relations receive insurance, welfare and other benefits in addition to wages. Workers who are accidentally injured or suffer from occupational diseases in the process of labor are industrial accidents, and the labor risks are entirely borne by the employer; However, in labor relations, natural persons generally only get paid for their work, and the work risks are generally borne by the service providers themselves. In principle, the wages paid by the employer to the workers shall follow the principle of distribution according to work and equal pay for equal work. In labor relations, both parties have equal status, and the remuneration paid by one party to the other party is completely determined by both parties through consultation. In the form of payment of labor remuneration, some units should pay workers in full and on time in accordance with the provisions of the labor contract and the provisions of the state. Generally speaking, the labor remuneration paid by the employer is paid to the workers regularly in the form of wages, which has certain regularity; The remuneration of labor relations is agreed by both parties, and it is often settled in one lump sum or paid in installments. Employers have the right to deal with violations of rules and regulations. In labor relations, if the laborer seriously violates the employer's labor discipline and rules and regulations, or seriously neglects his duty or engages in malpractices for selfish ends, the employer has the right to terminate the labor contract according to the rules and regulations formulated according to law. In labor relations, the unit also has the right to stop using the employee, or ask the parties to bear certain economic responsibilities, excluding other forms of disciplinary action.
It is illegal for companies to sign labor contracts with employees. Labor relations refer to the legal relationship between workers and employers when they sign labor contracts according to law. Labor relations shall be established from the date of employment. To establish labor relations, a written labor contract shall be concluded. Employers must sign labor contracts with employees and pay social insurance premiums.
Legal basis:
Labor law of the people's Republic of China
Article 16 A labor contract is an agreement between a laborer and an employer to establish a labor relationship and clarify the rights and obligations of both parties. To establish labor relations, a labor contract shall be concluded.