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How to stipulate the social security of labor contract
1, social insurance is a necessary clause in the labor contract;
2, the text of the labor contract provided by the employer does not specify the necessary terms of the labor contract, the labor administrative department shall order it to make corrections; If it causes damage to workers, it shall be liable for compensation.
The differences between labor law and labor contract law are as follows:
1, labor contract law and labor law have different names. The full name of the former is People's Republic of China (PRC) Labor Contract Law, and the full name of the latter is People's Republic of China (PRC) Labor Law. At the legislative level, both are laws. It is easy for enterprises and workers to call the labor law and the labor contract law the new labor law.
2. Their legislative backgrounds are different. The labor law is a law that came into being when the labor relations were initially tense during the transition period from planned economy to market economy in China. "Labor Contract Law" is a law that comes into being when China's market economy is gradually mature and labor relations are very tense. The labor law is the benchmark of labor legislation in the 20th century, and the labor contract law is the inevitable result of the development of labor relations in China in the 20th century, and it is also the inevitable requirement of building a harmonious socialist society for the superstructure.
3. Their legislative purposes are not exactly the same. The first article of the Labor Law is clear at the beginning. In order to protect the legitimate rights and interests of workers, adjust labor relations, establish and maintain a labor system adapted to the socialist market economy, and promote economic development and social progress, this law is formulated in accordance with the Constitution, clearly putting the rights and interests of workers first; Labor contract law is to protect the legitimate rights and interests of both parties to the labor contract;
4. Adjust the object distinction. Labor law regulates labor relations and social relations closely related to labor relations. As the labor contract law of the legal department, the labor contract law is the general name of the legal norms regulating the labor contract relationship.
To sum up, becoming a labor security assistant requires comprehensive and professional knowledge and skills, as well as a high sense of responsibility and meticulous work attitude.
Legal basis:
Article 17 of People's Republic of China (PRC) Labor Contract Law
A labor contract shall have the following clauses:
(a) the name, domicile and legal representative or principal responsible person of the employing unit;
(2) The name and address of the laborer and the number of the resident identity card or other valid identity documents;
(3) The term of the labor contract;
(4) Work content and work place;
(five) working hours and rest and vacation;
(6) Labor remuneration;
(7) Social insurance;
(eight) labor protection, working conditions and occupational hazard protection;
(nine) other matters that should be included in the labor contract as stipulated by laws and regulations. In addition to the necessary provisions stipulated in the preceding paragraph, the employer and the employee may agree on probation, training, confidentiality, supplementary insurance and welfare benefits.
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