1、 What are the differences between the Contract Law and the Labor Contract Law
The contract law has lapsed. The law that provides for general contracts is the Civil Code. The key difference between the two lies in the different objects of adjustment. The contract part of the Civil Code is a legal norm, which should be binding on both sides of the ordinary express subject, while the Labor Contract Law is a contract provision between workers and employers.
2、 What are the terms of the labor contract
The labor contract has the following clauses:
1. The name, address and legal representative or main person in charge of the employer;
2. The name, address and resident ID card or other valid ID card number of the worker;
3. Term of labor contract;
4. Work content and place;
5. Working hours, rest and vacation;
6. Labor remuneration;
7. Social insurance;
8. Labor protection, working conditions and occupational hazard protection;
9. Other matters required by laws and regulations to be included in the labor contract.
3、 Effective Elements of Labor Contract
The effective elements of the labor contract are as follows:
1. The subject qualification is legal. The subject qualification of workers is legal, which means that workers must be at least 16 years old and have the ability to work rights and labor behavior. Find the law net to remind that minors under the age of 16 cannot sign labor contracts with employers as the main body (the Recreation and Sports Department must obtain special approval from the Labor and Human Resources Department to recruit minors under the age of 16). According to Article 15 of the Labor Law, the subject qualification of the employer is legal, which means that the employer is an enterprise, individual economic organization, private non enterprise unit or state organ, public institution, social organization and other organizations within the territory of the People's Republic of China.
2. The contract content is legal.
3. The parties' intention is true.
4. The contract is concluded in a legal form.
