Labor And Social Security Department: Employment Agreement Can Not Replace Contract

Recently, many new employees have entered the stage of signing employment agreements with employers.

At the peak of the signing of the contract, the labor and Social Security Department of Shanghai issued a reminder to the workers: the employment agreement can not replace the labor contract.

At present, because some units and job seekers have a vague understanding of employment agreements and labor contracts, disputes arise from time to time.

Xiao Song, who worked in a research institute in Shanghai, signed an employment agreement with his unit when he was a graduate student.

After graduation, he agreed to work for 3 months, but the unit did not sign labor contracts with him.

A few days ago, he found a company to take office. However, because of the fact that there was an agreement in the employment agreement, he was asked to pay 3000 yuan for the breach of contract, or he would leave the files.

The labor and social security department points out that the employment agreement and the labor contract are two different concepts. Once a unit has established a labor relationship with a job seeker, it should sign a formal labor contract according to law. If a labor contract is not concluded, the worker can terminate the labor relationship at any time.

Xiao Song already has the status of laborers, and the Institute can not continue to obstruct by the terms of the employment agreement.

According to the expert image, the employment agreement is similar to the "marriage agreement", and the labor contract is similar to the "husband and wife agreement".

The former occurs when students, schools and employers three parties jointly sign the "marriage agreement" before graduation, so as to determine the employment intention and related rights and interests, including unauthorized cancellation of the liquidated damages payable by the contracting party. However, the "marriage agreement" only constrains "pre marriage", and how to arrange the life after marriage should be defined by the "husband and wife agreement".

Once the students leave school, the school will be separated from the three party relationship. Graduates and employers should establish labor relations, sign labor contracts, and the employment agreement will terminate at the same time.

The labor and social security department reminds workers: "in the employment agreement, the term of service and the penalty for breach of contract will not be signed." this is a misunderstanding.

After a clear labor relationship, job seekers should pay attention to signing labor contracts with units in order to prevent social insurance premiums and other rights from being infringed.