1. What is the function of labor contract receipt?
After signing a labor contract, employees are usually required to sign the receipt to show that they have received it, because the employer already has a labor contract signed by employees.
If the text of the labor contract provided by the employer fails to specify the necessary clauses of the labor contract as stipulated in this Law or the employer fails to deliver the text of the labor contract to the laborer, the labor administrative department shall order it to make corrections; If it causes damage to workers, it shall be liable for compensation.
Second, the characteristics of the labor contract
In addition to the * * * characteristics of the contract, the labor contract has the following unique characteristics:
(1) The subject of the labor contract is specific. One party is a laborer, that is, China people, foreigners and stateless people who have the ability to work and act; On the other hand, employers, that is, enterprises, individual economic organizations, institutions, state organs, social organizations and other employers with the right and ability to use labor. In the process of realizing labor, there are subordinate relations between the two sides: domination and being dominated, leadership and obedience.
(2) The content of a labor contract has the unity and correspondence of labor rights and obligations. There are no people who only enjoy labor rights but do not perform labor obligations, and there are no people who only perform labor obligations but do not enjoy labor rights. The labor right of one party is the labor obligation of the other party, and vice versa.
(3) The object of a labor contract is single, that is, labor behavior.
(4) Labor contract has the characteristics of commitment, compensation and two-way contract. The employee and the employer reach an agreement on the terms of the labor contract, and the labor contract is established. The employing unit pays labor remuneration according to the quantity and quality of laborers' labor, and cannot use the labor force for free. Both workers and employers enjoy certain rights and perform corresponding obligations.
(5) Labor contracts often involve the material interests of third parties. The labor contract must have social insurance clauses, and both parties to the labor contract can also clearly stipulate relevant welfare clauses in the labor contract, which often involves the material interests of the third party.
Third, the role of the labor contract
1, labor contract is the basic form of establishing labor relations. It is a common practice all over the world to regard labor contract as the basic situation of establishing labor relations. This is because the delivery process is very complicated and ever-changing. The rights and obligations of contract workers in different industries and units are different in the process of labor. National laws and regulations can only stipulate the specific rights and obligations of both parties, which requires signing a labor contract to clarify the rights and obligations.
2. Labor contract is an important means to promote the rational allocation of labor resources. The employing unit may, according to the depth of business or the needs of work, determine the conditions and methods of employing workers, sign different types of labor contracts with different terms, give full play to the expertise of workers, and rationally use the labor force.
3, the labor contract is conducive to avoid or reduce labor disputes. The labor contract clearly stipulates the rights and obligations of the laborer and the employer, which is both a guarantee and a constraint for both parties to the contract, which is helpful to improve the consciousness of both parties to perform the contract and urge both parties to correctly exercise their rights and strictly perform their obligations. Because the conclusion and performance of labor contracts are conducive to avoiding or reducing the occurrence of labor disputes and stabilizing labor relations.
Workers' rights protection and legal awareness are constantly improving, so both parties need to sign a labor contract after signing a labor contract with the employer, so neither party can terminate the labor contract at will during the performance of the labor contract. If the employer wants to terminate the labor contract with the laborer, it also needs to pay a certain amount of economic compensation to the laborer.