What is the legal basis for the difference between market-oriented employment and formal contract workers?

Market-oriented employment is also called temporary workers who have not signed labor contracts.

The difference between the two is whether a labor contract is signed or not, which will have different legal consequences in law.

Temporary workers are more mobile, and employment security is not as good as contract workers. In practice, employers can dismiss temporary workers at any time without any formalities and reasons.

Due to the constraints of the labor contract on the employer, the workers under the labor contract system are superior to the temporary workers in dismissal and treatment. Dismissal requires perfect procedures and proper aftermath, and they are better treated than temporary workers. In addition, they may also have pension insurance or other benefits handled by the unit.

A labor contract is a confirmation of labor relations. Many problems in labor relations, such as labor remuneration, working conditions, liquidated damages, etc. , need to be agreed in the labor contract. Only when there is a dispute can there be evidence that both parties agreed at the beginning.

Extended data:

Article 3 of the Labor Law of China stipulates that workers shall enjoy the following basic rights:

(1) Equal employment and career choice

(2) the right to remuneration; ?

(three) the right to rest and vacation;

(four) the right to protection of labor safety and health;

(five) the right to receive vocational skills training;

(6) the right to social insurance and welfare; ?

(seven) the right to submit a labor dispute settlement;

(eight) other labor rights as prescribed by law.

(9) Whether it has the right to organize and join trade unions according to law, the right to participate in the democratic management of enterprises, and the right to hold equal consultations with employers on protecting the legitimate rights and interests of workers.

Baidu Encyclopedia-People's Republic of China (PRC) Labor Law