Labor contracts and labor contracts belong to full-time employment, while part-time contracts usually belong to part-time employment, and workers engaged in part-time employment can conclude labor contracts with one or more employers; However, the labor contract concluded later does not affect the performance of the labor contract concluded before. Labor contracts and part-time contracts are legal. Labor contracts and labor contracts need to be signed in accordance with the provisions of the Labor Contract Law. Part-time employees may not agree on probation period, and part-time employees may agree on rights and obligations. Either party may terminate the employment relationship at any time by notifying the other party. When the labor contract is terminated, the employer does not pay economic compensation to the employee.
2. What's the difference between a labor contract and a part-time contract?
1. The contract entities are different. The main body of a labor contract is the employer and the employee, in which the employer refers to enterprises, institutions, state organs, social organizations and individual economic organizations established in People's Republic of China (PRC). The main body of a labor contract is the employer and the laborer, and the employer of a labor contract can only be a natural person. The main difference between a labor contract and a part-time contract lies in the different recipients. ?
2. The degree of legal intervention is different. The employer of a labor contract shall not violate the mandatory provisions of laws and regulations in paying the wages of workers, while the remuneration of part-time contracts is mainly negotiated by both parties without excessive legal intervention. Other aspects, such as labor protection, insurance benefits, etc. , only in the current law as a labor contract. As can be seen from the above, the degree of legal intervention in labor contracts is higher than that in part-time contracts. ?
3. Different legal sources. Labor contract belongs to the adjustment of labor law and is an independent contract type; Part-time contract is a kind of civil contract, which is regulated by civil law and contract law. ?
4. The procedure of dispute settlement is different. Labor contract disputes shall be handled before arbitration, that is, labor contract disputes shall not be handled by labor dispute arbitration institutions, and the people's courts shall not accept them; Part-time contracts are civil contracts, and the hearing organ is the people's court. After a dispute occurs, the parties have the right to bring a lawsuit directly to the people's court without arbitration.
Third, the difference between labor contract and labor contract
1. The contract entities are different. The main body of a labor contract can be two units, two natural persons, one unit and another natural person; The subject of a labor contract is certain, and it can only be the party that accepts labor by the unit, and the party that provides labor is a natural person. There is a big difference between the diversity of the labor subject provided by the labor contract and the fact that the labor subject provided by the labor contract can only be a natural person?
The relationship between the two sides is different. After the establishment of labor relations, the workers under the labor contract become a member of the employer and must abide by the rules and regulations of the employer, and the two parties are subordinate. One party to a labor contract can provide labor for the demander without becoming a member of the other party, and the legal status of both parties is equal from beginning to end. ?
3. The main body of labor risk responsibility is different. Because the parties to the labor contract have subordinate relations after establishing labor relations, the workers must obey the organization and control of the employer, so the risk responsibility in the process of providing labor must be borne by the employer; The party who provides labor services in a labor contract has the right to control the labor services by itself, so the labor service risk responsibility is borne by itself. ?
4. The provisions for payment of labor remuneration are different. The labor remuneration paid for a labor contract is called salary, which has the nature of distribution according to work. In addition to the amount agreed by the parties themselves, the minimum wage, wage payment and other means must comply with the provisions of laws and regulations. The labor remuneration paid in the labor contract is called labor fee, which is mainly negotiated by both parties themselves, and the national laws do not interfere much. ?
5. The applicable law and dispute settlement methods are different. Labor contract is a kind of civil contract, which is regulated by civil law and contract law. Disputes arising from labor contracts shall be tried by the people's courts. ?
Four, the labor contract and part-time contract is legal, need to pay attention to when signing:
1. Make sure the contract itself is legal. Confirm that the labor contract signed by oneself is legally binding, including: the employer must have the legal person qualification, and the private enterprise must meet the legal conditions. The contents (rights and obligations) of the labor contract signed by both parties must comply with laws, regulations and labor policies, and shall not engage in illegal labor; In addition, the procedures and forms of signing labor contracts must be legal.
2. Carefully check whether the terms of the contract are complete. A formal contract should have complete terms, including place, time, specific work contents and standards, labor remuneration, contract term, liability for breach of contract, dispute settlement method, signature and seal, etc.
3. Beware of overlord contracts (unfair and unreasonable contracts). Beware of contracts with unclear terms and vague concepts, which only stipulate the obligations of job seekers and rarely involve the rights of job seekers.
4. bravely question the aspects in the contract that may harm your own interests.
5. Make use of the supplementary clauses in the contract to supplement the contents that are conducive to safeguarding their own rights and interests and reduce the risk of infringement.
6. Enhance the awareness of self-protection and the concept of legal system, and never sign a contract that is extremely unfavorable to yourself, otherwise the future trouble will be endless.
7. Leave yourself a contract. In case there is a conflict of interest between the two sides in the future, it is easy to verify.
References:
Labor Contract-Baidu Encyclopedia Labor Contract-Baidu Encyclopedia Part-time-Baidu Encyclopedia