What is the meaning of labor contract?

Question 1: What does a labor contract mean? A labor contract is an agreement between a laborer and an employer to establish a labor relationship and clarify the rights and obligations of both parties. In short, it is a contract signed by a worker and an employer to stipulate rights and obligations. Thank you. If you are satisfied, please accept it.

Question 2: What do you mean by the type of labor contract? Labor contracts can be classified according to different standards.

(1) According to the term of the labor contract, the labor contract can be divided into three types:

A fixed-term labor contract refers to a labor agreement with a certain term concluded by an employer such as an enterprise and a laborer. Upon the expiration of the contract, the labor legal relationship between the two parties is terminated. If both parties agree, the contract can be renewed and the term can be extended.

An open-ended labor contract refers to a labor agreement signed by an employer such as an enterprise and an employee with no fixed term. Workers who have been engaged in production or work in enterprises and other employers for a long time after taking part in work shall not leave their jobs without reason, and the employers shall not dismiss them without reason. This kind of contract is generally suitable for positions with strong technology and continuous work.

A labor contract whose term is to complete certain work refers to a labor contract whose term is to undertake the tasks of the workers. For example, completing a scientific research work and a temporary and seasonal labor contract. During the term of the contract, the two parties to the contract establish a labor legal relationship, and the workers should join the collective of the labor unit, abide by the internal rules of the labor unit and enjoy certain labor insurance benefits.

According to this classification standard of labor contract, China's labor law divides the term of labor contract into fixed term, non-fixed term and completion of certain work as the term. In order to fully protect the legitimate rights and interests of workers, the labor law specifically stipulates that "if a worker has worked in the same employer for more than ten years continuously and both parties agree to extend the labor contract, if the worker proposes to conclude an open-ended labor contract, he shall conclude an open-ended labor contract" to prevent the employer from taking advantage of the "golden age" of the worker.

(2) According to the way of labor contract, labor contract can be divided into three types:

The employment contract refers to the labor contract concluded by the employer through open recruitment and merit-based employment within the labor indicators issued by the national labor department. Employment contracts are generally applicable to the recruitment of ordinary workers. At present, the labor contracts of enterprises owned by the whole people, state organs, institutions, social organizations and other employing units are characterized by: the employing units openly recruit workers according to the pre-specified conditions; Applicants voluntarily register according to the conditions announced by the employer; The employing unit conducts comprehensive assessment and selects the best candidates; The two sides signed a labor contract.

An employment contract, also known as an employment contract, refers to a contract in which an employer directly establishes a labor relationship by sending an employment letter to a specific worker. This kind of contract is generally suitable for recruiting specific workers with technical expertise. For example, enterprises hire technical consultants and legal consultants.

A secondment contract, also known as a loan contract, is an agreement between the seconded unit, the seconded unit and the seconded employee to specify their mutual responsibilities, rights and obligations for the seconded employee to engage in a certain job. Secondment contracts are generally applicable to workers or employees urgently needed by secondment units. When the secondment contract is terminated, the seconded workers will still return to their original units.

(3) According to the different number of workers, labor contracts can be divided into two types: one is individual labor contracts, which are generally signed by individual workers and employers; The other is collective contract, which generally refers to the contract signed by the trade union on behalf of the employees in Sino-foreign joint ventures.

(4) According to the different ownership nature of the means of production, labor contracts can be divided into: labor contracts of units under ownership by the whole people, labor contracts of units under collective ownership, labor contracts of individual units, labor contracts of private enterprises and labor contracts of foreign-invested enterprises.

(5) According to the different types of employment system, labor contracts can be divided into: regular labor contracts, contract labor contracts, migrant workers' labor contracts, temporary workers' (seasonal workers') labor contracts, etc.

The form of a labor contract refers to the way to conclude a labor contract. Generally speaking, there are two forms of labor contracts: written form and oral form. A written contract is a contract in which the contents of the agreement are fixed in words and signed by both parties as evidence after reaching an agreement. An oral contract is a contract in which both parties make oral promises and need not be written. China's labor law stipulates that labor contracts should be concluded in written form. The reason why the law stipulates this is because its purpose is to clearly define the rights and affairs of both parties to the labor contract and related working conditions in writing; So, salary, welfare and other matters ... >>

Question 3: What is the significance of signing a labor contract? Teacher Zhao: The so-called labor contract refers to the agreement between the laborer and the employer to establish labor relations and clarify the rights and obligations of both parties. Signing a labor contract is a legally binding commitment reached by the employer and the employee through equal consultation. Generally speaking, Party A (the employer) puts forward suggestions or first drafts, and Party B (the employer) approves them. If we don't sign a labor contract, our rights and interests will be infringed and we will not be protected by law. There are three forms of labor contracts: fixed term, non-fixed term and completion of work term. The labor contract is the code of conduct of both parties, and it has legal effect once it is signed. The law protects the legitimate rights and interests of both parties, and at the same time it is binding on both parties and cannot be changed unilaterally and arbitrarily. Under normal circumstances, both parties to the contract act in accordance with the contract, which is conducive to the smooth realization of their respective rights and interests and work together for the development of Qixin. Acting in accordance with the contract is beneficial to both parties and has losses to both parties. Therefore, both parties to the contract should maintain the seriousness of the contract, be responsible for their own actions and ensure the legitimate rights and interests of both parties. Everyone should clearly realize that the interests of both parties to the contract are the same. Principles of signing labor contracts Article 17 of the Labor Law stipulates that the conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate laws, administrative regulations and rules. The principle of equality, voluntariness and equality means that both parties to a labor contract have the same legal status. When concluding a labor contract, both parties appear as equal subjects of labor relations, with equal interests and claims, and there is no relationship between command and obedience. This principle gives both sides an opportunity to express their wishes fairly. Voluntary means that the conclusion of a labor contract is entirely from the true wishes of both parties, and it is an agreement reached through equal consultation on the basis of fully expressing their respective wishes. This principle ensures that the labor contract is decided independently by both parties according to their sincere wishes. One party shall not force or deceive the other. The principle of consensus means that the contents of the labor contract must be determined by both parties within the scope permitted by laws and regulations after negotiation and discussion. This principle pays attention to consistency, and all the contents of a labor contract must conform to the wishes of the parties and be accepted by the other party. This principle is the basis for safeguarding the legitimate rights and interests of the other party.

Question 4: What does a labor contract mean? This practice of the company is illegal, and it is not that the employee does not want to sign the labor contract. According to the national laws and regulations, the employer must sign a labor contract with the enterprise during the employment period. As for the double compensation you mentioned, the standard is generally based on the basic salary paid to you every month, unless you have other relevant evidence. You can entrust a lawyer to handle it for you if necessary.

Question 5: What does it mean to sign a labor contract? Labor contracts stipulate the obligations and rights of both employers and employees and are protected by national laws. Labor contracts can effectively protect the rights and interests of workers.

It is the protection of the normal rights of both parties, and it is the * * * that both parties exercise their rights and perform their obligations more in favor of workers.

Question 6: What does the year in the labor contract mean? The year in a labor contract generally refers to the time limit for signing the contract. However, when the company issues the year-end bonus, the Gregorian calendar time is 1 year.

Question 7: What do you mean by filing a labor contract? You don't need to file, and you don't need to buy social security. You can make an appointment online.

Question 8: What do you mean by signing a formal labor contract? After the probation period expires, the employer decides to sign a contract with employees to establish labor relations.

Question 9: What does "written form" mean in the Labor Contract Law? How to understand the "written form" in the Labor Contract Law

1. Article 11 of the Contract Law refers to contracts, letters and data messages (including telegrams, telexes, faxes, electronic data interchange and e-mails) and other written forms that can tangibly express their contents.

Whether the provisions of the labor law are applicable is debatable;

Second, the identification of mobile phone text messages, faxes, emails and web pages.

1, mobile phone short message, which sends the content of the short message to the receiver (piece), and can query the sending time, sender's mobile phone holder, sending content, etc. Through the telecommunication terminal. But this fact can only be recognized, and once the other party questions it, it cannot be used as evidence. For example; The probationary employee A sent a mobile phone message to the management employee B of the employer three days in advance, clearly indicating the termination of the contract, and the management employee B of the employer did not turn on his mobile phone because of something. I didn't receive a mobile phone message normally. Party A proposes to terminate the contract with Party B three days in advance by electronic data exchange, and Party B refuses to ask for economic compensation from Party B.. B The employer refuses to pay economic compensation on the grounds that it has not received the written application from A, whether it is really impossible to confirm the short message I sent, and the employer has no obligation to turn on the phone every day. In this case, it is obvious that the reason of A cannot be established.

2. E-mail: including the sender, the recipient and the mail provider, the relationship between the above-mentioned personnel and the parties to the case, the time and content of the email. In contract cases, disputes generally occur in the process of contract performance. This kind of contract concluded by mail usually takes a long time and has a large space, which is finally desirable. However, in the labor contract, the "written form" of terminating the contract is a legal notice, and it is not necessary to reach an agreement. As long as it meets the statutory time limit, it is established in "written form". It can be seen that there is a clear difference between the two.

To sum up, in handling labor contracts and labor dispute cases, data messages in "written form" (including telegrams, telexes, faxes, electronic data interchange and emails) can only be accepted if there is no dispute between the parties. For disputed data messages, no comparison should be made.

The author's above views are for reference only!

Question 10: What does N+2 mean in the labor contract? Reply 1# usually refers to the calculation method of economic compensation payment. But please explain the background clearly, otherwise no one will know what you mean by "N+2 in the labor contract". Under normal circumstances, the contract will not be written as N+2.