On Emplolyment Contract

As a kind of ancient and employment in the realistic society plays a tremendous role relationship, but traditional legal relationship of the employment contract relations in private law does not incorporate the labor law adjustment has led to hire contract system range, on legislation in our country, the lack of, in real life make part of legitimate rights and disadvantaged groups in no suitable damage in accordance with laws and regulations, and even the employing units can be replaced with labor contract of employment shirk their obligations and responsibilities. Employment contract in China's civil much-needed basic laws get norms.Labor contract and employ contract all belong to pay labor contract, both parties agree on the basis of bilateral, are paid contract, shall provide labor services for the purpose, but the differences between them in theory and practice disputes appear confused. It is very difficult to define divisional and easily let people confuse. Thus, the paper mainly from the employment contract, starting with a similar contract contrast that with positive employment contract of employment contract in employing subject, from social security system of form and various aspects of different, make the employment contract and labor contract has an obvious distinguish standard, can let the laborer in their own rights and obligations within the scope of assume corresponding responsibility and obligation. Therefore,employment contract and labor contract in tort liability is necessary, the employment contract relationship clearly the civil liabilities arising from the tort liability may be divided into internal and external alternative responsibility, liability laws regulating divided great widened the scope to solve could be in embarrassing and bad situation.The author thinks that, if the reality of employment contract with definite legal basis, not only can reduce the production of the dispute of contract, but also to employ the employer or the lawful rights and interests of employees guarantee of basis. The face of a complex problems arising from employment relationship, provide solutions in the employment contract as soon as possible the legal guarantee of such problems, according to delay.