What's the difference between a labor contract and a labor contract?
(1) Different subject qualifications. The subject of a labor contract can only be a legal person or an organization, that is, an employer, and the other party must be an individual worker. The subjects of a labor contract cannot all be natural persons. Both parties to a labor contract may be legal persons, organizations and citizens at the same time, or citizens and legal persons and organizations.
(2) The nature of the subject and its relationship are different. There are not only property relations, that is, economic relations, but also personal relations, that is, subordinate relations. In addition to providing labor, workers must also accept the management of the employer, obey its arrangements, abide by its rules and regulations, and become internal employees of the employer. However, there is only property relationship between the two parties to the labor contract, that is, economic relationship, without attribute and administrative subordination. Workers provide labor services and employers pay labor remuneration, which are independent and equal.
(3) The nature of remuneration is different. The labor remuneration arising from the performance of the labor contract has the nature of distribution, which embodies the principle of distribution according to work and does not change completely and directly with the market supply and demand. Its payment form is often stipulated as continuous and regular wage payment; The labor remuneration obtained from the labor service contract is paid according to the market principle of equal value and compensation, which is completely determined by both parties through consultation. It is a one-time payment of commodity prices, which are directly related to market changes.
(4) Employers have different obligations. The performance of labor contracts runs through the intervention of the state. In order to protect workers,
The labor law stipulates many obligations for employers, such as paying social insurance for workers, and the wages paid by employers shall not be lower than the local minimum wage set by the government. These legal obligations must be fulfilled and cannot be changed through consultation. The employer of a labor contract generally has no such obligation. Of course, the above contents may or may not be agreed upon by both parties.
(5) The applicable law is different. Labor contracts are mainly regulated by civil law and economic law, and labor contracts are regulated by labor law and labor contract law.
(6) Different dispute handling methods. After the labor contract dispute occurs, it shall be submitted to the labor arbitration commission of the labor organ for arbitration; If you are not satisfied, you can bring a lawsuit to the people's court within the statutory time limit, and labor arbitration is the pre-procedure; However, labor contract disputes can be resolved through litigation or negotiation between the two parties.
Second, supplementary labor contracts &; Model labor contract
labour contract
Party A: _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _
Date of Signing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The starting time of working in Party A is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Home address code The province (city) _ _ _ _ district (county), street (township) and community (villagers' group) where the household registration is located.
According to the Labor Contract Law of People's Republic of China (PRC) and relevant laws and regulations, Party A and Party B sign this Labor Contract (hereinafter referred to as the Contract) on the principles of legality, fairness, equality, voluntariness, consensus, honesty and credibility, and abide by it jointly.
Article 1 The term of this contract is agreed by both parties through consultation and adopts the following 1 form:
(1) Fixed term: from _ _ _ _ _ _ _ _ to _ _ _ _ _ _ _ _. The probation period starts from _ _ _ _ _ _.
(2) No fixed term: starting from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Among them, the probation period starts from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
(3) The time limit for completing certain tasks is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 2 The work area or place of Party B is
Article 3 Party B agrees to take the post (type of work) of _ _ _ _ _ according to Party A's work needs. The specific work content and requirements are: _ _ _ _ _ _.
Article 4 Party A arranges Party B to implement the working hours system (standard working hours system, comprehensive working hours system and irregular working hours system). Where the standard working hours system is implemented, Party B's working hours shall not exceed 8 hours per day and 40 hours per week. The weekly rest day is.
Party A arranges Party B to work in _ _ _ _ _ _ _ _
Article 5 Party A shall pay Party B's salary in full in legal tender before _ _ _ _. Party A and Party B agree that Party A shall pay Party B the salary in the following ways: _ _ _ _ _ _ _ _ _.
(1) Party B shall be paid by piece.
(2) Party B implements the hourly wage system, and the monthly salary is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
, or press
Execute. Party B's salary fluctuates with Party A's economic benefits. The specific method is that the salary of Party B during the probation period is _ _ _ _ _ _ _ _ _ _ _. Party A shall provide Party B with the monthly salary payment list.
Article 6 The salary payment standard of Party B during marriage leave, funeral leave and family leave is as follows.
Article 7
If Party B stops production or waits for work due to Party A's reasons, during a salary payment period, Party A shall pay Party B the salary according to the salary standard of the previous salary payment period (excluding overtime pay, bonuses and allowances under special working conditions or circumstances); If the salary payment period exceeds one month, Party A shall pay Party B _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 8 The calculation base of overtime wages paid by Party A to Party B shall be calculated according to the following items:
(1) According to the salary standard agreed in Article 6 of this Contract;
(2) Calculation base specified by Party A's rules and regulations;
(three) the base set by the collective contract.
Article 9 Other wage agreements between Party A and Party B. ..
Article 10 Party A and Party B shall participate in social insurance according to the regulations of the State and Chongqing Municipality. Among them, the part borne by Party B shall be withheld and remitted by Party A. ..
Article 11 The medical treatment for Party B's illness or non-work-related injury shall be implemented according to the relevant regulations of the State and Chongqing Municipality.
Article 12 The treatment of Party B suffering from occupational diseases or work-related injuries shall be implemented according to the relevant regulations of the State and Chongqing Municipality.
Article 13 Party A shall provide Party B with the following welfare benefits
Article 14 Party A shall, according to the requirements of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 15 Party A shall establish a safety production system according to relevant national laws and regulations; Party B shall strictly abide by Party A's labor safety system, prohibit illegal operation, prevent labor accidents and reduce occupational hazards.
Article 16 Party A shall establish and improve the responsibility system for occupational disease prevention, strengthen the management of occupational disease prevention and improve the level of occupational disease prevention and control.
Article 17 During the validity of this contract, Party A and Party B may change the contents agreed in this contract through consultation. The change contract shall be in written form, with each party holding one copy.
Article 18 The modification, renewal, dissolution and termination of the labor contract by Party A and Party B shall be implemented in accordance with the Labor Contract Law of People's Republic of China (PRC) and other relevant laws and regulations and relevant regulations of Chongqing Municipality.
Article 19 When dissolving or terminating this contract, Party A shall provide Party B with the proof of dissolving or terminating the labor contract, and handle the transfer procedures of the file and social insurance relationship for Party B within fifteen days. Party B shall handle the work handover according to the relevant regulations of Party A. If Party A should pay economic compensation to Party B according to law, it shall pay it at the time of handover.
Article 20 Other matters agreed by Party A and Party B:
Article 21 Any labor dispute arising from the performance of this contract between Party A and Party B may be settled through negotiation. If negotiation fails, it may apply to the Labor Dispute Mediation Committee of Party A for mediation; You can also apply for arbitration directly to the labor dispute arbitration commission with jurisdiction.
Article 22 The following agreements are attached to this contract:
1 training agreement
2. Confidentiality agreement
Late agreement
Article 23 If the matters not covered in this contract are inconsistent with the relevant provisions of the State and Chongqing Municipality, the relevant provisions of the State and Chongqing Municipality shall prevail.
Article 24 This contract is made in triplicate, one for each party and one for Party B's file, all of which have the same legal effect.
Party A (seal) _ _ _ _ _ _ _
Party B (signature or seal) _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
work contract
Company name of Party A: _ _ _ _ _ _ Legal representative: _ _ _ _ _ Job title: _ _ _ _ _ _ Enterprise nature: _ _ _ _ _ _ code; _ _ _ _ Company Address: _ _ _ _ _ _
Party B: _ _ _ _ _ _ Gender: _ _ _ _ _ _ Age: _ _ _ _ _ _ Education: _ _ _ _ _ _ Nationality: _ _ _ _ _ _ ID number: _ _ _ _ _ _ Current address: _ _ _ _ _ _ _.
Registered residence: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
I. Term of the labor contract. This contract is a fixed-term labor contract, and the term of this contract will come into effect from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Second, the work content and work place. During the contract period, Party B agrees to work in the post arranged by Party A according to Party A's work needs. Party A may change Party B's post according to the needs of working in the supermarket (the salary will also change with the change of the post), and Party B shall obey the arrangement, but the post should be a job that Party B is competent for. Party B shall be dedicated to his post, ensure hygiene and complete the task on time.
Three. Party B shall abide by the rules and regulations and operating procedures formulated by Party A according to law.
Four. Salary: Party A implements the post salary system and pays monthly salary. Party B's salary will not be delayed or deducted without reason. During the contract period, Party B's salary will change with the change of post, and Party B's salary plus commission shall not be lower than the minimum wage standard of the year where he works.
Verb (abbreviation for verb) Working hours and rest and vacation:
1. For working hours, rest and vacation, Party A and Party B have the right to arrange Party B to work overtime according to work needs, and have the right to pay overtime or vacation according to law, which Party B must obey.
2. Spring Festival holiday: employees who go to work from the first day to the second day will be paid three times the salary of the previous day.
3. Three days for funeral leave and five days for marriage leave. If you leave for more than three days in a month without reason, you will resign automatically.
6. Labor discipline: Party A and Party B must strictly abide by laws, regulations, rules and policies. Party B shall abide by and obey Party A's management (employee handbook) and the supermarket internal management system formulated by Party A according to law.
7. This contract shall be terminated at the expiration of the contract or when the same termination conditions agreed by both parties appear. Party A shall notify Party B of the letter of intent to terminate or renew the contract _ _ days before the expiration of the contract. If the labor contract is renewed, both parties must reach an agreement through consultation before the labor contract can be renewed.
Eight. Liability for breach of labor contract:
1. If the contract cannot be performed or fully performed due to the fault of either party, the party at fault shall bear legal responsibility; If it is the fault of both parties, according to the actual situation, both parties shall bear their respective legal responsibilities; If the contract cannot be performed due to force majeure, they may not bear legal responsibility;
2. If either party breaches the contract and causes economic losses to the other party, it shall pay compensation to the other party according to the consequences and the size of the responsibility.
3. If there is intentional mistake, Party A has the right to dismiss and deduct the monthly salary and clothing deposit.
4. Those who resign should apply to the manager for resignation 15 days in advance.
Nine. For other matters that need to be agreed by both parties, after Party A and Party B terminate this contract under any circumstances, Party A shall pay the benefits stipulated in this contract to Party B according to law, and will not pay any subsidies, subsidies and other expenses.
X matters not covered in this contract shall be determined by both parties through consultation. If no agreement can be reached through negotiation, both parties shall strictly implement this contract once it is signed.
ten
1. Any dispute arising from the performance of this contract shall be settled by both parties through consultation. If negotiation fails, it may apply to the competent labor dispute arbitration committee for arbitration. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.
Party A (seal) _ _ _ _ _ _ _
Party B (Seal) _ _ _ _ _ _ _
Legal Representative (Seal)
Date of signing the contract: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _