The difference between social security contract and labor contract

Difference: 1, labor contract, enterprises have to pay five insurances and one gold stipulated by the government; The labor contract does not need to pay social security for the laborer, and the laborer who provides the labor is responsible for it; 2. The labor contract stipulates the salary, and the state has a minimum wage limit, which cannot be lower than the minimum wage standard. At the same time, personal income tax is paid according to the income from wages and salaries, and the threshold is 5000 yuan. Labor contracts are labor fees, and the state has no minimum regulations.

Legal objectivity:

The labor contract is a civil contract, which is reached by all parties on the basis of equal consultation. An agreement reached on a certain service and service achievement is not a labor contract. From the perspective of law application, civil laws such as contract law and general principles of civil law apply to labor contracts, and labor law and related administrative regulations apply to labor contracts. Labor contract and labor service contract are easily confused, and both are contracts that pay for human labor. According to Article 16 of the Labor Law, a labor contract is an agreement between a laborer and an employer to establish a labor relationship and clarify the rights and obligations of both parties. A labor contract usually refers to an employment contract. There are some differences between them: (1) The subject qualification is different. The subject of a labor contract can only be a legal person or an organization, that is, an employer, and the other party must be an individual worker. The subjects of a labor contract cannot all be natural persons. Both parties to a labor contract may be legal persons, organizations and citizens at the same time, or citizens and legal persons and organizations. (2) The nature of the subject and its relationship are different. There are not only property relations, that is, economic relations, but also personal relations, that is, administrative affiliation. In addition to providing labor, workers must also accept the management of the employer, obey its arrangements, abide by its rules and regulations, and become internal employees of the employer. However, there is only property relationship between the two parties to the labor contract, that is, economic relationship, without attribute and administrative subordination. Workers provide labor services and employers pay labor remuneration, which are independent and equal. (3) The subjects were treated differently. Workers in labor relations not only receive wages, but also receive insurance and welfare benefits. In labor relations, natural persons usually only get paid for their work. (4) The nature of remuneration is different. The labor remuneration arising from the performance of the labor contract has the nature of distribution, which embodies the principle of distribution according to work and does not change completely and directly with the market supply and demand. Its payment form is often stipulated as continuous and regular wage payment; The labor remuneration obtained from the labor service contract is paid according to the market principle of equal value and compensation, which is completely determined by both parties through consultation. It is a one-time payment of commodity prices, which are directly related to market changes. (5) Employers have different obligations. The performance of labor contracts runs through the whole process of state intervention. In order to protect workers, the Labor Law stipulates many obligations for employers, such as paying social insurance for workers, and the wages paid by employers shall not be lower than the minimum wage set by the local government. These legal obligations must be fulfilled and cannot be changed through consultation. The employer of a labor contract generally has no such obligation. Of course, the above contents may or may not be agreed upon by both parties. (6) The applicable law is different. Labor contracts are mainly regulated by civil law and economic law, and labor contracts are regulated by labor law and labor contract law. (7) Different degrees of state intervention. The terms and contents of labor contracts are often stipulated by mandatory legal norms. To terminate the labor contract, the employer must meet the conditions stipulated in the labor law, unless both parties reach an agreement through consultation. In addition to violating the mandatory provisions of national laws and regulations, the labor contract has a low degree of state intervention, and the agreement on the contents of the contract mainly depends on the autonomy of the parties, which is determined by the parties through free consultation. (8) The legal liabilities arising from breach of contract are different. The responsibilities arising from non-performance and illegal performance of labor contracts are both civil and administrative responsibilities. For example, if the wages paid by the employer are lower than the local minimum wage, the labor administrative department shall order the employer to make up the wages below the standard within a time limit, and if it refuses to pay, the labor administrative department may also give the employer administrative sanctions such as warning. The responsibilities arising from labor contracts are only civil liability, breach of contract liability and tort liability, and there is no administrative liability. (9) Different dispute handling methods. After a labor contract dispute occurs, it should be submitted to the labor arbitration committee of the labor organ for arbitration, and those who refuse to accept it can only bring a lawsuit to the people's court within the statutory time limit. Labor arbitration is a pre-procedure; However, labor contract disputes can be resolved through litigation or negotiation between the two parties. (10) The labor force has different control rights. In the labor contract relationship, the domination of the labor force is exercised by the employer who owns the means of production, and the two sides form a subordinate relationship between management and management; In the labor contract relationship, the laborer organizes and directs the labor process by himself.