Labor contract refers to the civil service contract provided to the society in the form of labor, which is an agreement reached by the parties on the basis of equal consultation on a certain service and labor results. Generally speaking, independent economic entities are produced among units, citizens and citizens.
A labor contract is not a labor contract. From the perspective of law application, the adjustment of civil laws such as contract law and general principles of civil law is applicable to labor contracts, and the adjustment of labor law and relevant administrative regulations is applicable to labor contracts.
Extended data
Labor contracts have the following characteristics:
1, universality and equality of subject. The main body of a labor contract can be between a legal person and an organization, or between a citizen and a legal person organization. Generally speaking, it is not a special restriction, but universal. At the same time, both sides fully abide by market rules and have equal status. When signing a contract, both parties should follow the principle of fairness in the contract law.
2. The particularity of the subject matter of the contract. The object of a labor contract is the living labor provided by one party for the other party, that is, labor service, which is an act.
3. Arbitrariness of content. Unless there are mandatory provisions in the law, both parties to the contract can completely decide the content and corresponding terms of the contract, and decide the provision and use of labor services and the beneficiaries by their own free will. The content can belong to the needs of a profession in production work or family life. When signing a contract, both parties should follow the voluntary principle of the contract law.
4. This contract is both a bilateral contract and a mandatory contract. In a labor service contract, one party must provide labor services for the other party, and the other party must pay the corresponding labor remuneration for the party providing labor services, so the labor service contract is a two-service paid contract. Unless otherwise stipulated by law, most labor contracts are unnecessary.
Baidu Encyclopedia-Labor Contract