Can the recruitment agreement be used as a labor contract?

The employment agreement is not a labor contract, but a labor contract. The difference between employment agreement and labor contract: first, the difference of subject qualification. The main body of a labor contract includes the employer and the laborer. The employing units refer to enterprises and individual economic organizations in People's Republic of China (PRC). In the labor contract, the laborer is combined with the means of production provided by the employer, thus realizing the socialization of labor. Moreover, the laborer has become a member of the economic organization, and he and the employer are subordinate and dependent in identity, which is also the biggest difference between them and the employment agreement. In the employment agreement, the subject does not have the above restrictions, and the legal status of the subject of the employment agreement is completely equal and independent, and there is no subordinate and dependent relationship in identity. Second, the intensity of state intervention is different. Although the establishment of the labor contract also reflects the agreement of the parties, it emphasizes the dominant position of the national will. In order to standardize the rights and obligations of both parties to the labor contract, the state intervention runs through the performance of the labor contract. In the employment contract, both parties are completely equal. In the process of signing, changing and canceling a contract, it is mainly the expression of the will of the parties, and the state basically does not interfere.

Legal objectivity:

Article 464 of the Civil Code of People's Republic of China (PRC) is an agreement between civil subjects to establish, change and terminate the civil legal relationship. Agreements on status relations such as marriage, adoption and guardianship shall be governed by legal provisions on such status relations; If there are no provisions, the provisions of this part can be applied according to their nature. Article 16 of the Labor Law of People's Republic of China (PRC) is an agreement between laborers and employers to establish labor relations and clarify the rights and obligations of both parties. To establish labor relations, a labor contract shall be concluded.