Differences between labor agreement and labor contract
The differences between labor agreement and labor contract are as follows:
1. The laws and regulations used are different. The labor contract shall be governed by relevant laws and regulations on labor and personnel promulgated by the labor and personnel department. The labor agreement can only use the interim provisions and relevant policies on the employment of college graduates issued by the Ministry of Education;
2. The applicable subjects are different. A labor contract is an agreement between a laborer and an employer to establish a labor relationship. As long as the two parties reach an agreement through consultation, comply with national laws and administrative regulations, and have no means such as fraud or coercion, the contract will take effect after being signed and sealed by both parties. In addition to the signature and seal of the graduates of the labor agreement and the employer, the school still needs to intervene;
3. The applicable personnel are different. Labor contracts can be applied to all kinds of personnel. The labor agreement is only applicable to college graduates and graduate students;
4. The contents signed are different. The content and terms of the labor contract are very complete. The terms of the labor agreement are relatively simple.
to sum up, the labor agreement has legal effect when it is signed according to law. If there is fraud or coercion in the signing of the labor agreement, you can apply for arbitration or litigation to confirm that the agreement is invalid. Invalid cases include unqualified contract subject, illegal contract content and illegal contract form.
Legal basis:
Article 21 of the Labor Contract Law of the People's Republic of China
During the probation period, the employer shall not terminate the labor contract, except for the cases stipulated in Article 39 and Item 1 and Item 2 of Article 4 of this Law. If the employer terminates the labor contract during the probation period, it shall explain the reasons to the employee.
article 22
during the service period, if an employer provides special training fees for its employees and provides them with professional and technical training, it may conclude an agreement with the employees to stipulate the service period.
if the laborer violates the service period agreement, he shall pay liquidated damages to the employer as agreed. The amount of liquidated damages shall not exceed the training expenses provided by the employer. The liquidated damages that the employer requires the workers to pay shall not exceed the training expenses that should be shared for the unfulfilled part of the service period.
if the service period is agreed between the employer and the employee, it will not affect the improvement of the employee's remuneration during the service period according to the normal wage adjustment mechanism.