1. Employers with independent legal personality:
Employers with independent legal personality registered within the administrative area of this Municipality include enterprises, state organs, institutions, social organizations, private non-enterprise units and individual economic organizations.
2. Employers without independent legal personality:
An employer that is registered within the administrative area of this Municipality and does not have the qualification of an independent legal person. In the organization code certificate of the employer, if the organization type is "enterprise unincorporated", it does not have the qualification of independent legal person.
Independent legal person is put forward relative to the concept of "natural person" in civil law and is the subject of legal creation. Comparatively speaking, it is difficult for China's public institutions as legal persons to be equated with any foreign legal persons. If analyzed from the purpose, subject and scope of activities of legal persons, legal persons of public institutions are similar to foreign public legal persons or public welfare organizations.
According to the Regulations on the Administration of the Registration of Enterprise Legal Persons, the Company Law and other relevant laws and regulations, after being registered by the administrative department for industry and commerce, the legal procedures for obtaining legal person status are completed. When carrying out activities, it is necessary to hold the Business License of Enterprise as a Legal Person issued by the administrative department for industry and commerce as a legal certificate of legal person qualification.
The subsidiary of an enterprise as a legal person has the status of an independent legal person; However, if it is only a branch, it does not have the qualification of an independent legal person. This should be strictly distinguished! The specific nature of a unit can be finally determined according to the business license of an enterprise as a legal person or the certificate of a public institution as a legal person.