Current location - Recipe Complete Network - Catering franchise - The difference between temporary employment contract and labor contract
The difference between temporary employment contract and labor contract
The difference between a temporary employment agreement and a labor contract is: The signing of a labor agreement is an informal employee, can not enjoy the treatment of formal employees, do not enjoy the five insurance and one gold, and generally only get the labor remuneration. Labor employment is adjusted by civil law, economic law, and there is no minimum standard for the wage level, which is decided by mutual agreement. When signing a contract with an enterprise, you should pay attention to what kind of contract, to avoid the enterprise under the guise of labor employment, but in fact with the establishment of the relationship between labor service employment, damage to the legitimate rights and interests of employees.

Legal basis:

Article 3 of the Labor Contract Law

The conclusion of a labor contract shall follow the principles of lawfulness, fairness, equality and voluntariness, consensus and honesty. Labor contracts concluded in accordance with the law are binding, and the employer and the worker shall perform the obligations agreed in the labor contract.

Article 68 of the Labor Contract Law

Part-time employment refers to a form of employment in which workers are paid on an hourly basis, and in which the average daily working hours of workers in the same employer generally do not exceed four hours, and the total number of working hours in a week does not exceed twenty-four hours.

Article 69

The parties to part-time employment may conclude an oral agreement. A worker engaged in part-time employment may conclude an employment contract with one or more employers; however, an employment contract concluded later may not affect the fulfillment of an employment contract concluded first.

Regulations on the Implementation of the Labor Contract Law of the People's Republic of China

An employer who has not concluded a written labor contract with a worker for more than one month but less than one year from the date of employment shall, in accordance with the provisions of Article 82 of the Labor Contract Law, pay the worker twice his or her monthly wages, and shall conclude a written labor contract with him or her. Labor contract, the employer shall notify the worker in writing to terminate the labor relationship, and pay economic compensation in accordance with the provisions of Article 47 of the labor contract law.