Job Recruitment Website - Job information - The company asked me to sign an overseas assignment contract. What are the disadvantages between this contract and the general contract, such as salary and benefits, will I travel all the time?
The company asked me to sign an overseas assignment contract. What are the disadvantages between this contract and the general contract, such as salary and benefits, will I travel all the time?
Legal analysis
What's the difference between an assignment contract and a labor contract? 1. The nature of the contract is different. An employment contract is a contract in which employees provide services to their employers; A labor contract is a labor contract that determines the labor relationship between the employer and the employee. 2. The subject and its relationship are different. In a labor contract, one party is a laborer and the other party is an employer. Its scope of application is limited to employers. After becoming an internal member of the employer, the laborer must abide by its internal rules and regulations and must undertake a certain type of work or work. Workers and employers are both subordinates of leaders and leaders. The labor contract does not have the above characteristics. 3. Different legal adjustments. Labor contract is regulated by labor law; Employment contract should belong to civil law adjustment. Although there is no clear stipulation in the Contract Law, civil law should be applied to adjust it in judicial practice. 4. The procedures for handling contract disputes are different. When there is a dispute over a labor contract, the judicial organ can only intervene after the arbitration pre-procedure. When there is a dispute over a labor contract, the court can directly accept it and apply relevant laws and regulations. There is no special procedure for dissolution, and both parties can dissolve the employment relationship at any time.
legal ground
Article 47 of the Labor Contract Law of People's Republic of China (PRC) * * * The economic compensation shall be paid according to the standard that the laborer pays one month's salary for each full year of working in this unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years. The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
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