Can students sign labor contracts?
Of course.
1. The Labor Contract Law does not contain clauses such as "students at school are not laborers and do not have the qualifications of the subject of labor contracts" or "the labor contracts signed by college students are invalid without graduation".
2. According to the provisions of the labor law, people who have reached the age of 16 meet the employment age stipulated by law, and the identity of college students is not necessarily excluded by the labor law.
Article 15 of the Labor Law prohibits employers from recruiting minors under the age of 16.
Units of literature, art, sports and special arts and crafts that recruit minors under the age of 16 must go through the examination and approval procedures in accordance with the relevant provisions of the state and guarantee their right to receive compulsory education.
The differences between tripartite agreement and labor contract are as follows:
1, and the legal basis for their signing is different;
2. The main difference is that the employment agreement is a tripartite contract, involving the school, the employer and the students, and the three parties are interrelated and independent; A labor contract is a contract between two parties, which consists of the rights and obligations of both workers and employers.
3. Tripartite agreement and labor contract are successively related. Graduates are still students when signing employment agreements and should be workers when signing labor contracts. Once the labor contract is signed, the employment agreement becomes invalid. If there is any contradiction between the labor contract and the annex of the tripartite agreement, the labor contract shall prevail.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 7 of People's Republic of China (PRC) Labor Contract Law.
The employer shall establish a labor relationship with the employee from the date of employment. The employing unit shall establish a roster of employees for future reference.
Article 10
To establish labor relations, a written labor contract shall be concluded.
If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.
If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.