The difference between temporary employment contract and labor contract
In the legislative process of the Labor Contract Law, some scholars suggested that the scope of application of the Labor Contract Law should be extended to institutions and their staff, and opinions on this issue were relatively opposite.
From the principle of labor contract, employment contract is a kind of labor contract, and there is no essential difference between employment contract system and labor contract system. However, due to the different responsibilities of the Ministry of Labor and Social Security and the Ministry of Personnel, there are obvious differences between the labor contract system and the employment contract system in terms of personnel access and management. Judging from the system that institutions are still implementing, even institutions that are implementing the appointment system still have to employ personnel according to the staffing quota issued by the national staffing agency and conduct personnel management according to the civil service system. You have to get approval before you resign. For the employing units that implement labor contracts, the recruitment of workers is decided by the employing units independently and managed in accordance with the Labor Law and the Labor Contract Law. Both the employee and the employer can propose to terminate the labor contract according to law, without the consent of the other party. On the issue of dispute resolution, what happens in public institutions is personnel disputes, which are first handled by the personnel dispute arbitration Committee and the people's court; The labor contract relationship belongs to the labor dispute, which shall be handled by the labor dispute mediation committee, the arbitration committee and the people's court. But now the handling of these two disputes tends to merge.
Legal basis: Provisions of the General Principles of the Civil Law on Technology Contracts Article 843 A technology contract is a contract concluded by the parties for technology development, transfer, licensing, consultation or service, which establishes mutual rights and obligations.