1. What do Party A and Party B mean in the labor contract?
In general, Party A is the employer and Party B is the laborer.
1. When concluding a contract, the first request made by both parties shall generally be regarded as Party A; You can also negotiate. In fact, the appellation of Party A and Party B doesn't matter, which doesn't explain the weight of rights. There is no legal difference between the two parties, and both parties must abide by the terms of the contract. The breaching party shall be liable for breach of contract.
2. Generally, Party A refers to the party who puts forward the goal. In the process of drafting the contract, it mainly puts forward what goals to achieve and is the leading party of the contract. Party A is generally the investor or investor, that is, the business entity, which is in a dominant position, with the investor as the market entity or the dominant market as the market of Party A..
3. Party B is generally a labor service provider, that is, the subject responsible for achieving the goal. Such as laborers.
What should be stated in the labor contract?
Article 17 of the Labor Contract Law Contents of a labor contract A labor contract shall have the following clauses:
(a) the name, domicile and legal representative or principal responsible person of the employing unit;
(2) The name and address of the laborer and the number of the resident identity card or other valid identity documents;
(3) The term of the labor contract;
(4) Work content and work place;
(five) working hours and rest and vacation;
(6) Labor remuneration;
(7) Social insurance;
(eight) labor protection, working conditions and occupational hazard protection;
(nine) other matters that should be included in the labor contract as stipulated by laws and regulations.
In addition to the necessary provisions stipulated in the preceding paragraph, the employer and the employee may agree on probation, training, confidentiality, supplementary insurance and welfare benefits.
Article 18
The labor contract is not clear about labor remuneration and working conditions. The standard agreement on labor remuneration and working conditions in the labor contract is not clear, and if there is a dispute, the employer and the employee can negotiate again; If negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or there is no agreed labor remuneration in the collective contract, equal pay for equal work shall be implemented; If there is no collective contract or the collective contract does not stipulate working conditions and other standards, it shall be implemented in accordance with relevant state regulations.
Second, the labor contract matters needing attention
1. Before signing this contract, both parties should read this contract carefully. Once this contract is signed, it has legal effect and both parties must strictly perform it.
2. This contract shall be valid only after the legal representative (or entrusted agent) of the employing unit (Party A) and the employee (Party B) personally sign and affix the official seal (or special seal for labor contract) of the employing unit.
3. Blank columns in this contract shall be filled in by both parties after negotiation, and shall not violate laws, regulations and relevant provisions; Blank columns that do not need to be filled in are marked with "/".
4. Working hours system is divided into standard working hours, irregular working hours and comprehensive working hours.
The implementation of irregular and comprehensive working hours system shall be approved by the labor and social security department.
5. For matters not covered in this contract, a supplementary agreement can be signed separately as an annex to this contract, which shall be performed together with this contract.
6. This contract must be filled in carefully with clear handwriting and concise and accurate words, and shall not be altered without authorization.
7. After signing this contract (including annexes), both parties shall keep one copy for future reference.
A labor contract is a voucher to confirm the relationship between the employee and the employer, and an agreement to confirm the rights and obligations of both parties. Under normal circumstances, Party A of a labor contract is the employer and Party B is the employee. Of course, this is not certain and can be changed according to the actual situation.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 17 of People's Republic of China (PRC) Labor Contract Law shall contain the following clauses:
(a) the name, domicile and legal representative or principal responsible person of the employing unit
(2) The name and address of the laborer and the number of the resident identity card or other valid identity documents.
(3) Term of the labor contract
(4) Work content and work place
(5) Working hours and rest and vacation
(6) Labor remuneration
(7) Social insurance
(eight) labor protection, working conditions and occupational hazard protection.
(nine) other matters that should be included in the labor contract as stipulated by laws and regulations.
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