The subject of a labor contract can only be the employer and the employee, and Party A and Party B can freely agree, and Party A can be defined as the employee and Party B as the employer. However, it is generally established that Party A is usually defined as the employing unit.

On the legal consequences of not concluding a written labor contract:

According to Articles 14 and 82 of the Labor Contract Law and Articles 5, 6 and 7 of the Regulations for the Implementation of the Labor Contract Law, the legal consequences of not concluding a written labor contract are different in three different time periods. The Labor Contract Law requires that the employer must sign a labor contract with the employee within one month from the date of employment, otherwise it will bear the financial burden. However, considering the actual situation of human resources management in the employer (it takes a certain period to conclude a written labor contract, especially when a large number of workers are recruited), the Labor Contract Law stipulates a one-month grace period while establishing that a written labor contract is the only legal form of a labor contract. It is legal for an employer to sign a written labor contract within one month from the date of employment, and it does not bear legal responsibility. If a written labor contract is not signed more than one month from the date of employment, it will start. It should be noted that "salary" here refers to all wages payable, including overtime wages.

It should be noted that the employer should notify the employee in writing to conclude a labor contract, but not verbally. The so-called written form, our country's regulations-"written form refers to the form of contract, letter and data message (including telegram, telex, fax, electronic data interchange and e-mail) that can tangibly express the contents contained", can be considered as written form generally refers to letters, telegrams, telex, fax and e-mail, and generally includes notice (announcement) in practice.

In addition, Article 11 of the Labor Contract Law stipulates: "If the employer fails to conclude a written labor contract at the same time of employment, and the labor remuneration agreed with the employee is not clear, the labor remuneration of the newly recruited employee shall be implemented according to the standards stipulated in the collective contract; If there is no collective contract or it is not stipulated in the collective contract, equal pay for equal work shall be implemented. "

Basic connotation of labor contract:

The meaning of labor contract has broad and narrow meanings. Some scholars believe that contracts can be divided into three categories according to the object of payment. The first category is contracts with property as the object of payment, such as sales contracts, gift contracts and loan contracts. The second category is contracts with labor as the payment target, such as contracting contracts, entrustment contracts, custody contracts and employment contracts; The third category is a contract with the purpose of * * * engaging in certain work, such as a partnership contract. The second kind of contract can be called labor service contract in a broad sense. A labor contract in a broad sense refers to all agreements related to the provision of live labor services (i.e. labor services). In a narrow sense, a labor contract only refers to an employment contract, that is, a contract in which both parties agree that one party will provide labor services to the other party and the other party will pay remuneration during a certain or uncertain period.

most labor contracts in a broad sense have become well-known contracts. subject to the adjustment of the civil code of the people's Republic of China, the specific rights and obligations of both parties are clearly stipulated in the contracts, such as discipline, agency, custody, transportation, contracting, construction project contracting, etc. The narrow sense of labor contract only refers to the general employment contract, which is regulated by civil law. Here, as a kind of civil cause of action, what is stipulated is a narrow labor contract, that is, an employment contract. A labor service contract refers to a contract in which a labor service provider and a labor service recipient sign an agreement in accordance with the law, and the labor service provider provides labor services to the recipient, and the recipient pays labor remuneration to the provider. A labor contract dispute is a dispute arising from labour relation during the performance of the contract, which is based on the provision of labor services by one party.

Legal basis: Article 19 of the Labor Law of the People's Republic of China shall be concluded in written form, with the following clauses:

(1) the term of the labor contract;

(2) Work content;

(3) labor protection and working conditions;

(4) labor remuneration;

(5) labor discipline;

(6) conditions for the termination of the labor contract;

(7) Liability for breach of labor contract. In addition to the necessary clauses specified in the preceding paragraph, the parties to a labor contract may agree on other contents through consultation.