Is it a labor contract or a labor contract signed with an intermediary?

The labor contract signed with the company is a dispatch contract, and the difference between them is as follows: 1. The signing object is different: the labor contract is signed directly by the employee and the employer. The labor dispatch contract is signed by the laborer and the dispatching company, and then the dispatching company issues it to the actual employer. 2. The signing period is different: the signing period of labor contracts is generally long, and a probation period needs to be established as required.

In our real life, the main body that often signs labor contracts is the employer. However, due to the complicated employment environment, we will also affect the labor contracts with other institutions. Intermediary companies are one of them. What is the meaning of the labor contract signed by the company and the intermediary, and what is the difference? The following is for everyone to answer.

1. What's the difference between a company and an intermediary signing a labor contract?

1. According to Article 10 of China's Labor Contract Law, a written labor contract shall be concluded to establish labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment. Employers have the obligation to sign labor contracts with workers.

2. According to Article 82 of China's Labor Contract Law, if the employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary. Where an employing unit violates the provisions of this Law and fails to conclude an open-ended labor contract with its employees, it shall pay the employees twice the monthly salary from the date when the open-ended labor contract should be concluded. Therefore, the laborer can file a labor arbitration with the Labor Arbitration Committee and ask the employer to pay double wages.

Second, the labor contract is signed with the company, and the labor contract signed with the intermediary belongs to the dispatch contract. The differences between the two are as follows:

1. Different signing objects: the labor contract is signed by the employee directly with the employer. The labor dispatch contract is signed by the laborer and the dispatching company, and then the dispatching company issues it to the actual employer.

2. The signing period is different: the signing period of labor contracts is generally long, and a probation period needs to be established as required. Labor dispatch can't last long. Generally speaking, the labor dispatch unit is required to conclude a fixed-term labor contract with the dispatched workers for more than two years.

3. Different remuneration for work: Labor contracts are generally paid directly by the company on a monthly basis. Labor dispatch usually means that the employer pays the wages to the dispatching unit, and then the dispatching unit pays the employees;

4. You are engaged in different positions, and you can engage in all employer positions under different labor contracts; Dispatch contracts are usually applicable to auxiliary posts;

This kind of labor contract is signed by different subjects, so the related labor nature is also different. The contract signed by the company as the main unit is more valuable and the work is more clear. Intermediary company belongs to a kind of dispatching organization, and the contract signed is also an auxiliary labor post.