What kind of contract does hotel management contract belong to?

Depending on the specific situation, the hotel management contract is essentially closer to the entrustment contract, and the specific analysis may be both a labor service contract and an entrustment contract. A labor contract in a broad sense also includes an entrustment contract, while a labor contract in a narrow sense generally refers to a contract that employs a labor subject to provide services. I. Entrustment contract, which is clearly stipulated in Chapter 2 1 of the Contract Law. An entrustment contract refers to a contract in which the trustee handles the entrusted affairs for the principal, and the principal pays or does not pay the agreed remuneration.

2. There are mainly the following legal features:

(a) The entrustment contract is based on the mutual trust between the principal and the trustee; ?

(two) the object of the entrustment contract is to handle the entrusted affairs and report the work according to the instructions of the client; ?

(3) Entrustment contract generally means that the trustee handles the entrusted affairs in the name and expenses of the principal, and the consequences of the entrusted affairs are directly borne by the trustee. ?

The trustee obtains the right to operate the joint venture on the basis of the entrustment of the enterprise and carries out business activities in accordance with the contents of the entrusted operation contract. ? Although the trustee enjoys certain independent management rights, it does not bear the business risks, and the risks arising from its business activities are still borne by the principal. Accordingly, the income generated in the operation belongs to the client, and the trustee obtains a fixed service fee from the client or a service fee extracted according to the proportion of the benefit income. Therefore, in the entrusted operation and management, the principal and the trustee engage in business activities with different legal person qualifications, each bearing taxes, and their finances are independent and irrelevant. ?

? Second, the labor contract, our country's law does not clearly stipulate that the subject of the labor contract is an equal civil subject relationship, which is the exchange of "labor" and "remuneration" under the adjustment of civil law. Generally speaking, labor service refers to the service provided to the society in the form of activities, which is usually manifested by the service provider providing consulting, management, technology and other services to employees according to the contents of the labor contract. A labor contract in a broad sense also includes an entrustment contract, while a labor contract in a narrow sense generally refers to a contract in which a labor subject is employed to provide services.

Third, the main differences between the entrustment contract and the labor service contract: First, although the entrustment contract also includes labor remuneration, it is not the purpose of the contract. The purpose of a contract is to handle entrusted affairs, and labor remuneration is only a means to an end, while the purpose of a labor contract is to pay labor remuneration. ?

Second, the trustee in the entrustment contract has the right to handle the entrusted affairs independently and has certain discretion; In the labor contract, the content of labor service is completely decided by the employer. ?

Third, the purpose of concluding a labor contract is for the labor subject to provide labor services, not to realize the expected interests of the employer. This kind of service is generally manifested in the fact that the labor subject uses his own labor force or knowledge to provide certain services for the employer. The purpose of entrustment contract is that the trustee handles affairs for the client and realizes certain expected benefits. The service provided by the trustee is only a means to meet this purpose.

Four, the hotel management contract is closer to the entrusted operation contract in essence. The hotel management contract focuses on the improvement of the company's internal management in order to obtain the expected profit. The management company has greater decision-making power over the content of the services provided and is less restricted by the owners. At the same time, the management company has a diligent obligation to the owner, and the remuneration of the management company is based on whether the expected goal of management can be achieved.

The purpose of a labor contract is to pay for labor services, and the labor subject only provides labor services according to the labor contract. The content of labor services is decided by the employer, and the labor subject has less decision-making power. Moreover, the purpose of the labor contract is to provide labor services, not to realize some expected benefits. As long as the labor service is provided, the employer shall pay remuneration to the labor subject. Therefore, the hotel management contract is closer to the entrusted operation contract.