1. What's the difference between a labor contract and a labor contract?
The main differences between a labor contract and a labor service contract are:
(a) the legal nature of the two is different.
Labor contract is the basis of establishing labor relations and belongs to the category of labor contract; Labor contract is the basis of establishing civil, economic and legal relations, which belongs to the category of civil law and economic law.
(2) The requirements for the subject matter of the contract are different.
The main body of a labor contract is the laborer, and the other party is the employer; The subject of a labor contract can be either a citizen or a legal person, and the labor contract has no special requirements for the subject.
(3) The status of both parties to the contract is different.
After the labor contract is signed, the laborer becomes a member of the employer, and the relationship between them is subordinate. There is no subordinate relationship between the subjects of labor contract. Both parties are always independent and equal subjects, and perform the obligations stipulated in the contract in their own names.
(4) The contents of the contract are different.
One of the parties to a labor contract, that is, the employing unit, shall provide workers with working conditions and labor protection articles that meet the requirements of the state; There is no need to stipulate this content in the labor contract.
(5) The principle of determining remuneration is different.
In the labor contract, the employer pays labor remuneration and welfare according to the quantity and quality of labor and the relevant regulations of the state, which embodies the principle of distribution according to work; The labor price in the labor contract shall be paid according to the principle of equivalent compensation.
Labor contract and labor service contract are two different contracts. Simply put, through the labor contract, you have established a labor relationship with the employer, which is stipulated by the labor law; Labor contract is a kind of civil contract, which belongs to the origin of adjustment, that is, the entrusting unit gives a certain task to the entrusted party, and the entrusted party (you) completes the task or submits the results within the time stipulated in the contract, and the entrusting party pays you a fee (service fee). In addition, the client has no other obligations, such as insurance, because you are not an employee of the unit.
As can be seen from the above, if the employer signs a labor contract with someone, this person will not establish a formal and legal labor relationship with the employer, and will not belong to the employees of the unit. Naturally, there is no need to apply for insurance and housing provident fund. However, if the company accepts someone as its employee and has a de facto labor relationship with him, and the signed contract belongs to the nature of labor contract, it is only necessary to write the name of the contract as "labor contract", and the contract is still implemented in accordance with the labor contract. The company should still provide various insurances for employees and handle housing accumulation fund in accordance with the provisions of the Labor Law. On the other hand, if some units take advantage of employees' weak legal awareness to arrange work as regular employees, but when signing a contract, they sign a real labor contract, and the unit has illegal behavior, which should be another matter. Finally, if the unit really only needs to establish a labor contract relationship with someone, the unit only needs to pay the labor fee according to the labor contract, and there is no other fee.
Many people will realize that they get different treatment when they work for some units, because under the protection of labor contracts, they can only guarantee that employees will not be harmed too much and can't give employees too much welfare, and labor contracts need to give employees all kinds of legal treatment and legal rights under strict legal restrictions.